Bill Text: GA HB642 | 2011-2012 | Regular Session | Introduced
Bill Title: Georgia Services Administration; create; revise several Titles
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2012-07-01 - Effective Date [HB642 Detail]
Download: Georgia-2011-HB642-Introduced.html
12 LC
25 5993-ECS/AP
House
Bill 642 (AS PASSED HOUSE AND SENATE)
By:
Representatives Collins of the
27th,
Hamilton of the
23rd,
England of the
108th,
Meadows of the
5th,
Ehrhart of the
36th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 45 of the Official Code of Georgia Annotated, relating to public
officers and employees, so as to abolish the State Personnel Administration and
transfer certain functions to the Department of Administrative Services and the
commissioner of administrative services; to extensively revise certain
provisions relating to personnel administration; to amend numerous other
provisions of the Official Code of Georgia Annotated so as to make conforming
amendments and correct cross-references relative to the foregoing; to provide
for transfers of personnel, facilities, equipment, and appropriations; to
provide for other related matters; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART
I
SECTION 1-1.
SECTION 1-1.
Title
45 of the Official Code of Georgia Annotated, relating to public officers and
employees, is amended by revising Chapter 20, relating to personnel
administration, as follows:
"CHAPTER
20
ARTICLE 1
ARTICLE 1
45-20-1.
(a)
It is the purpose of this article to establish in the state a system of
personnel administration which will attract, select, and retain the best
employees based on merit, free from coercive political influences, with
incentives in the form of equal opportunities for all; which will provide
technically competent and loyal personnel to render impartial service to the
public at all times and to render such service according to the dictates of
ethics and morality; and which will remove unnecessary and inefficient
employees. It is specifically the intent of the General Assembly to promote
this purpose by allowing agencies greater flexibility in personnel management so
as to promote the overall effectiveness and efficiency of state government. To
this end, and in accordance with Code Sections 45-20-2 and 45-20-6, all
positions filled after July 1, 1996, shall be included in the unclassified
service of
the State Personnel Administration
as defined in
this article, except as provided in Code
Section 15-11-24.3. It is also specifically the intent of the General Assembly
that employees in the classified service prior to July 1, 1996, shall continue
to be employees in the classified service so long as they remain in classified
positions or as otherwise provided by law. It is further specifically the
intent of the General Assembly that state government operate within a framework
of consistent core personnel policies and practices across all state agencies
and entities and that the state's most valued resource, its employees, be
managed in a manner to promote work force productivity and sound business
practices.
(b)
In order to achieve these purposes, it is the policy of the state that agencies
treat all employees in accordance with the following principles:
(1)
Assuring fair treatment of applicants and employees in all aspects of personnel
administration without regard to race, color, national origin, sex, age,
disability, religious creed, or political affiliations. This 'fair treatment'
principle includes compliance with all state and federal equal employment
opportunity and nondiscrimination laws;
(2)
Recruiting, selecting, and advancing employees on the basis of their relative
ability, knowledge, and skills, including open consideration of qualified
applicants for initial employment;
(3)
Providing equitable and adequate compensation based on merit, performance, job
value, and competitiveness within applicable labor markets;
(4)
Training employees, as needed, to assure high quality performance and to provide
work force skills needed to maintain and advance the state's goals and
objectives;
(5)
Retaining employees on the basis of the adequacy of their performance,
correcting inadequate performance where possible and appropriate, and separating
employees whose performance is inadequate; and
(6)
Assuring that employees are protected against coercion for partisan political
purposes and are prohibited from using their official authority for the purpose
of interfering with or affecting the result of an election or nomination for
office.
(c)
It shall be the responsibility of the
State
Personnel Administration
Department of
Administrative Services (DOAS) to perform
the following functions:
(1)
Establish and maintain a state-wide system of pay ranges for all job
classes;
(2)
Define job classes, establish associated minimum qualifications for those
classes,
and assign those classes to appropriate pay ranges;
(3)
Develop and maintain a common employment application form to be used by all
applicants for state employment, which form may be supplemented as necessary by
agencies in seeking information about agency job classes;
(4)
Serve as
the central contact point for all potential employees in order to streamline
state-wide recruiting for applicants, to provide for a state-wide applicant data
base, to refer applicants to agencies, and make applicant data available to
agencies for review and consideration;
(5)
Upon request, develop, validate, or develop and validate applicant screening
devices being utilized by agencies;
(6)
Upon request, administer screening devices on behalf of
agencies;
Develop,
validate, or administer applicant screening devices when requested by agencies
and when funding for such activities can be accomplished on a cost recovery
basis;
(7)
Make employment related training available to agencies and allow agencies the
opportunity to provide input into the nature and scope of said training
programs;
(8)(5)
In consultation with agencies, establish state-wide criteria for the
implementation of rules and policies adopted by the State Personnel Board which
agencies shall use in developing internal processes for classification,
compensation, pay for performance, and performance management, including
processes involved in defining job classes, establishing and applying associated
minimum qualifications, assigning jobs to appropriate state-wide pay ranges,
developing and applying applicant screening methods, and measuring worker
effectiveness;
(9)(6)
Audit agencies' processes as referred to in paragraph
(8)(5)
of this subsection and report findings annually to the Governor and the General
Assembly in conjunction with an annual report on the overall status of the state
work force. The
State
Personnel Administration
DOAS
shall not be required to distribute copies of the findings or annual report
referred to in this paragraph to the members of the General Assembly but shall
notify the members of the availability of the materials in the manner which it
deems to be most effective and efficient;
(10)
Serve as consultant to agencies on work force planning and effective work force
strategies, provide technical support assistance, and direct services to
agencies as requested; and
(11)(7)
Maintain and make available to the public at large a state-wide central registry
of employment vacancies and job announcements in state government as provided
to the
State Personnel Administration by
agencies.
(d)
Subsection (c) of this Code section shall not apply to the legislative or
judicial branches or to the board of regents.
(e)
Each agency shall develop
an annual
work force plan according to state-wide criteria and guidelines and shall
provide a report of such plan annually to the State Personnel Administration for
incorporation into the state-wide work force plan to be submitted to the
Governor and the General Assembly
a work force
plan as a component of the strategic plan required by Code Section
45-12-177.
(f)
In the event agencies do not use a competitive civil service examination to fill
some or all of their unclassified positions, it is expressly the intent of the
General Assembly that appropriate consideration be given to veterans as defined
under Article IV, Section III, Paragraph II of the Constitution of Georgia and
Article 2 of Chapter 2 of this title in the filling of job vacancies in this
state. Guidelines defining consideration practices shall be developed at the
state level. Agencies shall specify agency policies and practices to implement
appropriate consideration of military veterans in filling agency job
vacancies.
(g)
The rules of statutory construction contained in Chapter 3 of Title 1, relating
to general provisions concerning the construction of statutes, as now or
hereafter amended, shall apply to this article.
45-20-2.
As
used in this chapter, the term:
(1)
'Appointing authority' means the person or groups of persons authorized by law
or delegated authority to make appointments to fill positions.
(2)
'Classified service' means that employment status conferring rights of appeal,
as set forth in Code Sections 45-20-8 and 45-20-9. 'Classified service'
includes only those employees of state departments as defined in this Code
section who were in the classified service as of June 30, 1996, and who have
remained in classified positions without a break in service since that
date.
(3)
'Commissioner of personnel administration' and 'commissioner' mean the chief
executive officer of the State Personnel Administration who is responsible for
administering the state personnel program in accordance with applicable state
and federal laws and the policies and rules of the State Personnel
Board.
(4)(2)
'Classified employee' means an employee who was in the classified service as of
June 30, 1996, and who has remained in a classified position without a break in
service since that date.
(5)(3)
'Classified position' means a position that
was
held
classified
on
status
conferring rights of appeal, as set forth in Code Sections 45-20-8 and 45-20-9,
as of June 30, 1996, and that subsequent
to June 30, 1996, has not been held by an unclassified employee.
(4)
'Classified service' means employment in a classified position.
(5)
'Commissioner' means the commissioner of administrative services provided for by
Code Section 50-5-1.
(6)
'Department' and 'agency' are synonymous and mean all separate and distinct
divisions and subdivisions of state government whose heads are legally
authorized to appoint employees to positions; but these terms shall not include
authorities, public corporations, the legislative and judicial branches, and the
board of regents. 'Department' and 'agency' shall
also
include an agency assigned to a department for administrative purposes and
shall also
include local departments of public
health, county departments of family and children services, community service
boards, and units of the Department of Defense with local
employees.
(7)
'Department of Administrative Services' or 'DOAS' means the department created
by Code Section 50-5-1.
(7)(8)
'Employment at will' means an employment relationship in which either party to
the relationship may sever the relationship at any time for any reason other
than an unlawful reason.
(8)(9)
'Position' means a set of duties and responsibilities assigned or delegated by
competent authority for performance by one person.
(9)(10)
'Rules and regulations'
and 'merit
system rules and regulations' mean
means
the governing provisions
of the
State Personnel Administration, as adopted
by the State Personnel Board and approved by the Governor
which give
force and effect to the policies of the State Personnel
Board.
(10)(11)
'State Personnel Board' and 'board' are synonymous and mean the body authorized
by Article IV, Section III, Paragraph I of the Constitution of
Georgia.
(11)(12)
'State Personnel Board policies' means those policies adopted by the board and
approved by the Governor which describe the goals and objectives of the state
personnel program and serve as a basis for the formulation and administration of
the merit system rules and regulations.
(13)
'Unclassified employee' means an employee who is not a classified
employee.
(12)(14)
'Unclassified service' means employment at will and includes all employees
except those in the classified service as defined in this Code
section.
(13)(15)
'Working test' or 'working test period' means a probationary period of
employment in a classified position during which the employee must demonstrate
to the satisfaction of the appointing authority that he or she has the
knowledge, ability, aptitude, and other necessary qualities to perform
satisfactorily the duties of the position in which employed. The working test
period shall apply to each promotion of a classified employee to a classified
position. The commissioner may fix the length of the working test period for
any job at not less than six months nor more than 18 months exclusive of any
time in nonpay status; provided, however, that the length of the working test
period for troopers of the Uniform Division of the Department of Public Safety
shall be 18 months.
(14)(16)
'Working test employee' or 'employee on working test' means a classified
employee serving a working test period in the position in which he or she is
employed; provided, however, that an employee serving a working test period
following a promotion in the same department from a lower class in which he or
she had successfully completed a working test period shall retain appeal rights
in the lower class until he or she successfully completes the working test
period in the job to which he or she has been promoted.
45-20-3.
(a)(1)
The State Personnel Board shall
prescribe
the guidelines
provide
direction by which the state's personnel
policies shall be administered.
The state's
personnel policies shall constitute a state merit system of personnel
administration. The board shall hold
regular meetings as needed for the proper discharge of its duties.
(2)
Members of the board shall receive no salary but shall receive the same expense
allowance per day as that received by a member of the General Assembly for each
day such member is attending meetings or performing official business for the
board, plus reimbursement for actual transportation costs while traveling by
public carrier or the legal mileage rate for the use of a personal automobile in
connection with such attendance or official business.
(3)
Three members shall constitute a quorum. Only the votes of a majority of the
members present shall be necessary for the transaction of any business or
discharge of any duties of the State Personnel Board, provided there is a
quorum.
(b)
It shall be the specific duty and function of the
State
Personnel Board
board:
(1)
To represent the public interest in the improvement of personnel administration
in all state departments;
(2)
To determine appropriate human resource management goals and objectives and
prescribe policies for their accomplishment;
(3)
At public hearings, to adopt and amend policies, rules, and regulations
effectuating the
State
Personnel Administration and the state's
merit
system.
personnel
policies and practices subject to approval by the
Governor. Notice of
State
Personnel Board
board
meetings shall be released to all departments and agencies and shall be
prominently posted at the office of the
State
Personnel Administration
DOAS
at least ten days prior to each board meeting;
(4)
Where the board deems
a
review appropriate,
to review
adverse personnel actions for employees of
the classified
service, to
ensure that a review is afforded on a dismissal and other adverse personnel
actions defined by
in accordance
with the rules and regulations
of the
State Personnel Board. All appeals
determinations of the board shall be written and documented as to findings of
fact, bases for decisions, and prescribed remedies;
(5)
To assure the administration of state and federal laws relating to state
personnel administration;
and
(6)
To establish an annual budget covering all the costs of State Personnel Board
operations, said budget to be incorporated as a component of the annual budget
of the State Personnel Administration; and
(7)(6)
To promote public understanding of the purposes, policies, and practices of the
State
Personnel Administration
state
personnel system and to advise and assist
the several state departments in fostering merit selection and securing the
interest of institutions of learning and of civic, professional, and other
organizations in the improvement of personnel standards under the state's
personnel system.
45-20-3.1.
(a)
At least 30 days prior to the date of a public hearing held
by the
board to consider the adoption of rules or
regulations to effectuate this chapter, the
State
Personnel Board
commissioner
shall transmit a notice containing an exact copy of the proposed rule or
regulation to each member of the
State and
Local Governmental Operations
Senate
Government Oversight Committee
of the
Senate and the
House
Committee on Governmental Affairs
Committee
of the House of Representatives. The
notice shall provide a citation to the authority pursuant to which the proposed
rule or regulation is to be adopted and, if it amends an existing rule or
regulation, such existing rule or regulation shall be clearly identified. The
notice shall also state the date, time, and place of the public hearing at which
adoption of the proposed rule shall be considered.
(b)
If, prior to the date of the public hearing at which the proposed rule or
regulation is to be considered for adoption, the
chairman
chairperson
of either legislative committee specified in subsection (a) of this Code section
notifies the commissioner
of
personnel administration and the State Personnel
Board that the committee objects to the
adoption of the proposed rule or regulation or has questions concerning the
purpose, nature, or necessity of the proposed rule or regulation, it shall be
the duty of the
State
Personnel Board
commissioner
to consult with the committee prior to the
board's
adoption of the proposed rule or regulation.
(c)
If the
State
Personnel Board
commissioner
finds that the immediate adoption of a rule or regulation is necessary to secure
or protect the interests of the
State
Personnel Administration
DOAS,
such rule or regulation may be adopted
by the
board on an emergency basis without
following the procedures required by
subsections
(a) and (b) of this Code section. In that
event, the
State
Personnel Board
commissioner
shall
adopt
present
a resolution
to the board
for adoption declaring the existence of an
emergency and explaining the basis for such declaration as a condition necessary
to adopt a rule or regulation on an emergency basis. Any rule or regulation
adopted pursuant to the authority of this subsection shall expire in not more
than 120 days immediately following its adoption, but the adoption of an
identical rule pursuant to the requirements of this Code section shall not be
precluded.
(d)
By not later than August 1, 1985, the State Personnel Board shall file with the
Secretary of State a certified copy of all rules or regulations which were
adopted by said board prior to July 1, 1985, and which are of force and effect
on July 1, 1985, or which were adopted prior to July 1, 1985, to become
effective after that date. Any rule or regulation adopted by the State
Personnel Board prior to July 1, 1985, which is not filed with the Secretary of
State by August 1, 1985, shall be void and of no force and effect after August
1, 1985.
(e)(d)
Each rule or regulation adopted by the
State
Personnel Board
board
on or after
July 1, 1985, shall become effective upon
approval by the Governor. The commissioner
of
personnel administration shall immediately
file an original and two copies of the rule or regulation in the office of the
Secretary of State.
(f)(e)
Rules or regulations filed with the Secretary of State pursuant to
subsections
(d) and
(e)
subsection
(d) of this Code section shall contain a
citation to the authority pursuant to which the rules or regulations are adopted
and, when existing rules or regulations are amended, the filings
required by
said subsections (d) and (e) shall clearly
identify the existing rules or regulations. The Secretary of State shall
endorse on each filing
required by
subsections (d) and (e) of this Code
section the time and date of the filing
and shall maintain a file of the rules and regulations for public
inspection.
(g)(f)
Rules and regulations filed with the Secretary of State pursuant to the
requirements of subsections
(d), (e),
and (f)
(d) and
(e) of this Code section shall be
published by the Secretary of State as a part of the rules of state agencies
published by the Secretary of State pursuant to Code Section
50-13-7.
(h)(g)
The courts shall take judicial notice of any rule which has become effective
pursuant to this chapter.
45-20-4.
(a)
There is created the position of commissioner of personnel administration. The
commissioner shall be appointed by the Governor after consultation with the
State Personnel Board subject to confirmation by the Senate. The Governor shall
fix the compensation of the commissioner, who shall serve at the pleasure of the
Governor.
(b)
The duties and responsibilities of the commissioner
in the
administration of this chapter shall
be:
(1)
To serve as executive secretary to the board, to attend meetings as directed by
the board, and to provide such professional, technical, and other supportive
assistance as may be required by the board in the performance of its
duties;
(2)
Consistent with board policy, to administer the operations of the State
Personnel Administration and to otherwise act in the capacity of chief executive
officer of the state personnel administration
program;
(3)(2)
To submit to the Governor the rules and regulations adopted by the
State
Personnel Board effectuating the State Personnel
Administration
board.
Such rules and regulations when approved by the Governor shall have the force
and effect of law and shall be binding upon the state departments covered by
this article and shall include provisions for the establishment and maintenance
of classification and compensation plans, the conduct of examinations,
appointments, promotions, transfers, demotions, appeals of classified employees,
reports of performance, payroll certification, and other phases of personnel
administration. Such rules and regulations shall define and prohibit improper
political activity by any departmental employee of the State Personnel Board or
any employee covered under the terms of this article and shall provide that
there shall be no discrimination for or against any person or employee in any
manner, to include, but not be limited to, hiring, discharge, compensation,
benefits, terms or conditions of employment, promotion, job classification,
transfer, privileges, or demotion because of political affiliation, religious
affiliation, race, creed, national origin, sex, age between 40 and 70 years, or
physical disability. Such rules and regulations shall conform to the minimum
standards for merit systems of personnel administration as specified by those
federal departments from which federal funds are obtained for use by the several
state departments covered by this article. Compensation plans and modifications
thereto promulgated under the rules and regulations of the commissioner shall
become effective as adopted upon approval of the director of the Office of
Planning and Budget;
(4)(3)
To administer the
adoption and
compliance with rules and regulations
and all
other operational aspects of the State Personnel Administration and to assure
compliance therewith
of the
board in all departments;
(5)(4)
To appoint and prescribe the duties of
the merit
system
DOAS
staff as
necessary to carry out the duties of this
chapter;
(6)(5)
To establish an annual budget covering
all
the
administrative
costs of
operating
the State
Personnel Administration
performing the
duties and responsibilities in accordance with this
chapter, including
the State
Personnel Board, and the costs of
administering such federal laws relating to personnel administration as the
Governor may direct including the Intergovernmental Personnel Act of 1970, and
to determine an equitable basis of
prorating
allocating
the annual costs among the several departments
covered
served
by the DOAS in
accordance with this chapter, with the amounts and rates for such services to be
established in each general or amended appropriations
Act
the State
Personnel Administration, provided that upon approval of such budget by the
Governor, the Governor shall be empowered to direct that the necessary pro rata
share of the several assessed departments concerned be made available for
expenditure by the State Personnel Administration in the same manner as
appropriated funds are expended by other departments of the
state;
(7)(6)
To ensure compliance with all applicable state and federal statutes and
regulations concerning discrimination in employment, personnel administration,
and related matters; and
(8)(7)
To cooperate with appointing authorities in the administration of this article
in order to promote public service and establish conditions of service which
will attract and retain employees of character and ability and to increase
efficiency and economy in governmental departments by improving the methods of
personnel administration with full recognition of the requirements and needs of
management;
and.
(9)
To appoint and prescribe the duties of a deputy commissioner of personnel
administration who shall be the second highest executive officer in the State
Personnel Administration and the deputy executive secretary to the State
Personnel Board; and to appoint and prescribe the duties of such other assistant
commissioners of personnel administration as the commissioner deems appropriate.
The deputy commissioner and the assistant commissioners shall have the authority
to perform any duty assigned to the commissioner if delegated to them by the
commissioner.
45-20-5.
(a)
There is created the Council for State Personnel Administration. The objectives
of the council shall be:
(1)
To promote improvements in the personnel program in state
government;
(2)
To provide a forum for the interchange of information relating to the state
personnel program;
(3)
To serve as a channel through which the operating agencies may express their
opinions on matters affecting state personnel;
(4)
To seek equitable interpretation and application of the laws, rules,
regulations, policies, and procedures which affect state personnel management
and administration; and
(5)
To strive for professional consensus consistent with the democratic process in
all actions which it may undertake.
(b)
Membership in the council shall be as defined in the bylaws of the
council.
(c)
The council is authorized to adopt bylaws which prescribe its organizational
structure, officers and terms and conditions of office, meeting schedules, and
such other organizational and operational procedures as are necessary for its
lawful and effective functioning. As the professional association authorized to
represent the interests of the several departments in the area of state
personnel administration, the council shall through its offices have direct
access to the board, the commissioner, the Governor, and the General Assembly to
present grievances, suggestions, and
recommendations.
Reserved.
45-20-6.
(a)
The
classified service as defined by Code Section 45-20-2 shall consist of only
those employees who were in the classified service on June 30, 1996, and who
have remained in a classified position without a break in service since that
date. Any officer or employee who
occupies
occupied
a classified position under the State Personnel Administration prior to July 1,
1996, or as provided in Code Section 15-11-24.3 shall remain in the classified
service so long as such officer or employee shall remain in a classified
position or as otherwise provided by law. Employees in the classified service
shall have, upon completing a working test period, appeal rights as provided in
Code Sections 45-20-8 and 45-20-9.
(b)
The
unclassified service as defined by Code Section 45-20-2 shall consist of all
employees in the departments of state government not included in the classified
service under this article. Employees in the unclassified service shall be
employees at will and shall not be afforded appeal
rights
Reserved.
(c)
Exclusion from the classified service shall not exclude any employee, officer,
or official from eligibility for membership or membership in the Employees'
Retirement System of Georgia, provided that such employee, officer, or official
is otherwise eligible for membership under Chapter 2 of Title 47.
(d)
It is the intent of the General Assembly that employees in the classified
service be required to serve a working test period before they obtain rights of
appeal and that the successful completion of this probationary period is part of
the employment examination procedure. Each employee serving in a working test
period shall be provided with management review by the appointing authority
within ten calendar days of the date the employee has completed one-half of the
working test period or as near to such date as is practicable. The management
review shall include an evaluation of the employee's progress and
recommendations, if any, for corrective action. The provision of management
review pursuant to this subsection is solely for the purpose of promoting
efficient management and employee development and shall not be interpreted as
granting any additional rights to a working test employee. The State Personnel
Board shall be responsible for adopting and amending rules and regulations
establishing the guidelines to be used by the appointing authority in completing
the management review pursuant to this subsection.
45-20-7.
Reserved.
45-20-8.
(a)
Classified employees who have successfully completed a working test period may
be dismissed from employment or otherwise adversely affected as to compensation
or employment status only if such action is taken in accordance with the rules
and regulations of the State Personnel Board governing adverse actions and
appeals for classified employees.
(b)
This article is not intended to create a property interest in the job, but
rather to create only a procedure under which classified employees can be
dismissed or otherwise adversely affected. The procedure adopted for dismissing
a classified employee from employment or otherwise adversely affecting his or
her compensation or employment status shall include, as a minimum, that the
appointing authority must provide the classified employee with reasons for the
action and an opportunity to file an appeal and request a hearing which may be
held before either the board or an administrative law judge
of the Office
of State Administrative Hearings;
provided, however, that the hearing may be held subsequent to the effective date
of the dismissal or other purported adverse action; provided, further, that the
right to appeal shall not apply when persons are dismissed or otherwise
adversely affected as to compensation due to curtailment of funds or reduction
in staff when such action is in accordance with the rules and regulations of the
State Personnel Board.
(c)
No adverse action appealed to the State Personnel Board under the rules and
regulations of the board, this article, or otherwise shall be considered invalid
for failure to follow or comply with the rules and regulations of the board,
this article, or any other requirement unless it is shown that the individual
against whom the action has been taken has been substantially harmed by the
procedural failure.
(d)
The decision of the board on an appeal as to whether a dismissal or other
adverse action was in accordance with the rules and regulations prescribed by
the State Personnel Board shall be binding upon the appointing authority. The
board may modify the action of the appointing authority but may not increase the
severity of such action on the employee. Such appointing authority shall
promptly comply with such order as may be issued as a result of the appeal to
the State Personnel Board. The decision of the board shall not limit the rights
of the employee or the department to judicial review as to errors of law, and
such decision shall be stayed pending other further appeal.
(e)
For purposes of this Code section and Code Section 45-20-9, administrative law
judges appointed by the chief state administrative law judge pursuant to Article
2 of Chapter 13 of Title 50 are authorized to hold hearings and otherwise assist
the State Personnel Board in the resolution of appeals.
45-20-9.
(a)
Any laws to the contrary notwithstanding, all hearings on dismissals, other
adverse personnel actions, and other purported violations of the rules and
regulations as applied to classified employees shall be instituted by filing a
written appeal with the Office of State Administrative Hearings upon such ground
and in such form and under such procedure as may be prescribed by rules and
regulations of the office. The party appealing and the department from whose
action the appeal is taken shall be notified in writing within 15 days from the
filing of the appeal that an appeal has been filed and the time for which a
hearing is scheduled.
(b)
The State Personnel Board, any member of the board, or an administrative law
judge shall have the authority to do the following in connection with any
hearing on a dismissal or other purported violation of the rules and
regulations: administer oaths and affirmations; sign and issue subpoenas; rule
upon offers of proof; regulate the course of the hearing, set the time and place
for continued hearings, and fix the time for filing briefs; dispose of motions
to dismiss for lack of the board's jurisdiction over the subject matter or
parties or for any other ground; dispose of motions to amend or to intervene;
provide for the taking of testimony by deposition or interrogatory; and
reprimand or exclude from the hearing any person for any indecorous or improper
conduct committed in the presence of the board or the administrative law
judge.
(c)
Subpoenas shall be issued without discrimination between public and private
parties. When a subpoena is disobeyed, any party may apply to the superior court
of the county where the hearing is being held for an order requiring obedience.
Failure to comply with such order shall be cause for punishment as for contempt
of court. The costs of securing the attendance of witnesses, including fees and
mileage, shall be computed and assessed in the same manner as prescribed by law
in civil cases in the superior court. Once issued a subpoena may be quashed by
the board or an administrative law judge if it appears that the subpoena was
used primarily as a means of harassment, that the testimony or documents sought
are cumulative, that the testimony or documents sought are not relevant, that
the testimony or documents sought are not material, that to respond to the
subpoena would be unduly burdensome, or that for other good reasons basic
fairness dictates that the subpoena should not be enforced.
(d)
With respect to all hearings before the board or the administrative law
judge:
(1)
Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The
rules of evidence as applied in the trial of civil nonjury cases in the superior
courts of Georgia shall be followed. Evidence not admissible thereunder may be
admitted if it is of a type commonly relied upon by reasonably prudent
men
persons
in the conduct of their affairs. The board
proceedings
shall give effect to the rules of privilege recognized by law. Objections to
evidentiary offers may be made and shall be noted in the record. Subject to
these requirements, when a hearing will be expedited and the interests of the
parties will not be prejudiced substantially, any part of the evidence may be
received in written form;
(2)
Documentary evidence may be received in the form of copies or excerpts if the
original is not readily available. Upon request and at the discretion of the
administrative law judge or board, parties shall be given an opportunity to
compare the copy with the original;
(3)
A party may conduct such cross-examination as shall be required for a full and
true disclosure of the facts;
and
(4)
Official notice may be taken of judicially recognizable facts. In addition,
official notice may be taken of technical facts within the board's specialized
knowledge. Parties shall be notified either before or during the hearing by
reference in preliminary reports or otherwise of the material officially
noticed, including any staff memoranda or data; and they shall be afforded an
opportunity to contest the material so noticed. The board's experience,
technical competence, and specialized knowledge may be utilized in the
evaluation of the evidence.
(e)(1)
With respect to hearings at which the board did not preside at the presentation
of the evidence, the administrative law judge who presided shall issue an
initial decision within 30 days from the close of the evidence or if necessary
within a longer period of time as ordered by the board or the administrative law
judge. The initial decision shall be transmitted to the board, and copies shall
be sent to the parties or their representatives. In the absence of an
application for review from an adversely affected party to the board within 30
days from the date the initial decision was issued or in the absence of an order
by the board within such time for review on its own motion, the decision shall
become the decision of the board without further proceedings or notice; and any
right of additional appeals shall be extinguished.
(2)
On review of the entire record from the administrative law judge, the board
shall have all the powers it would have in presiding at the reception of the
evidence, including the review of any motions granted or denied by the
administrative law judge and including the review of any action taken by the
administrative law judge. Both parties shall have the right to present oral
arguments to the board. Any presentation to the board on the matter by an
administrative law judge shall be made in the presence of the parties. No
administrative law judge shall be present during the board's deliberations and
voting on the application. At its discretion, the board may take additional
testimony or remand the matter to the administrative law judge for such
purpose.
(f)
Unless precluded by law, informal disposition of any proceeding before the board
or the administrative law judge may be made by stipulation, agreed settlement,
consent order, or default.
(g)
As a part of the initial decision or order subsequent to any hearing, the
administrative law judge or the board shall include findings of fact and
conclusions of law separately stated and the effective date of the decision or
order. Findings of fact, if set forth in statutory language, shall be
accompanied by a concise and explicit statement of the underlying facts
supporting the findings. Copies of the decision or order shall be mailed to all
parties of record.
(h)
Any party, including the state and any state board, bureau, commission, or
department, who has exhausted all administrative remedies available before the
board and who is aggrieved by a final decision or order of the board on any
hearing may seek judicial review of the final decision or order of the board in
the superior court of the county of the place of employment of the
employee.
(i)
Proceedings for review shall be instituted by filing a petition with the court
within 30 days after the decision or order is rendered. Copies of the petition
shall be served upon the board and all parties of record. The petition shall
state the nature of the petitioner's interest, the facts showing that the
petitioner is aggrieved by the decision of the board, and the grounds upon which
the petitioner contends the decision or order should be reversed or remanded.
The petition may be amended with leave of court.
(j)
Within 30 days after the service of the petition or within further time allowed
by the court, the board shall transmit to the reviewing court the original or a
certified copy of the entire record of the proceeding under review. By
stipulation of all parties to the review proceeding the record may be shortened.
A party unreasonably refusing to stipulate to limit the record may be taxed by
the court for the additional costs. The court may require or permit subsequent
corrections or additions to the record.
(k)
The filing of the petition shall stay the enforcement of the board's decision or
order.
(l)
If before the date set for hearing the appeal by the superior court application
is made to the court for leave to present additional evidence and it is shown to
the satisfaction of the court that the additional evidence is material and there
were good reasons for failure to present it in the proceedings before the board,
the court may order that the additional evidence be taken before the board upon
conditions determined by the court. The board may modify its findings and
decision or order by reason of the additional evidence and shall file that
evidence and any modifications, new findings, or decisions and orders with the
reviewing court.
(m)
The review shall be conducted by the court without a jury and shall be confined
to the record. The court shall not substitute its judgment for that of the
board as to the weight of the evidence on questions of fact. The court may
affirm the decision or order of the board or remand the case for further
proceedings. The court may reverse the decision or order of the board if
substantial rights of the petitioner have been prejudiced because the board's
findings, inferences, conclusions, decisions, or orders are:
(1)
In violation of constitutional or statutory provisions;
(2)
In excess of the statutory authority of the board;
(3)
Made upon unlawful procedure;
(4)
Clearly erroneous in view of the reliable, probative, and substantial evidence
on the whole record; or
(5)
Arbitrary, capricious, or characterized by abuse of discretion or clearly
unwarranted exercise of discretion.
(n)
A party aggrieved by an order of the court in a proceeding authorized under this
Code section may appeal to the Supreme Court of Georgia or the Court of Appeals
of Georgia in accordance with Article 2 of Chapter 6 of Title 5.
45-20-10.
In
order to furnish the Governor, the General Assembly, and the general public with
statistical information which can be used in planning departmental programs and
budgeting, each official
The DOAS shall
routinely collect from agencies required
under
present
law to submit a quarterly budget to the Office of Planning and Budget
shall
submit to the commissioner
data including
the number of personnel, salaries, length of service, distribution of employees
by filled and unfilled full-time employee positions at the budgetary program
level, and other pertinent personnel information for the subsequent fiscal year
as
such
payroll and other essential personnel data as may
be prescribed by
and
approved by the Governor. The
commissioner shall
compile,
and
consolidate,
and submit the data to the Office of Planning and Budget as
needed.
reports
pertaining to the number of personnel, salaries, length of service, type of
work, distribution of employees by departments, and other pertinent personnel
information.
45-20-11.
The
state auditor shall perform periodic operational audits of the State Personnel
Administration. Such audits shall also be performed at the request of the
Governor, the commissioner, or the General Assembly. Reports of audit findings
shall be filed with the board, the commissioner, and the Governor. The state
auditor shall not be required to file copies of the audit findings with the
members of the General Assembly but shall notify the members of the availability
of audit findings in the manner which he or she deems to be most effective and
efficient.
Reserved.
45-20-12.
(a)
The State Personnel Board and the State Personnel Administration are authorized
and directed to implement a sequential series of leadership development courses
of study and preparation in order to enhance the capacity of supervisors,
managers, and executives to lead people at the direct, organizational, and
strategic levels.
(b)
The Governor's Executive Leadership Institute is implemented by the State
Personnel Board and the State Personnel Administration with the following
objectives:
(1)
To establish and maintain a state government executive leadership development
program to train and prepare current and future state government
leaders;
(2)
To foster and maintain higher developmental, educational, and ethical standards
in the field and practice of public leadership and management; and
(3)
To assist agencies of state government by establishing a more objective measure
of a leader's professional preparation and
knowledge.
Reserved.
45-20-13.
Reserved.
45-20-14.
Reserved.
45-20-15.
(a)
As used in this Code section, the term:
(1)
'Counseling session' means any discussions or meetings between a state employee
and an official or other employee of the State Personnel Administration which
are conducted under an official program established by the
commissioner.
(2)
'Information' means any written document or material acquired or produced as a
part of a counseling session or the contents thereof and the contents of any
discussions held as a part of a counseling session.
(3)
'Program' means the employee relations counseling function established by the
commissioner under which an employee is entitled to confidential counseling with
regard to job related problems.
(b)
Except as provided in subsections (c), (d), and (e) of this Code section,
information received or developed by the State Personnel Administration staff in
performing its counseling functions shall be maintained as confidential by the
State Personnel Administration and shall not be subject to disclosure by the
State Personnel Administration unless such information relates directly to proof
of the possible violation of a criminal statute.
(c)
Information may be disclosed if such disclosure is authorized, in writing, by
all parties to the counseling session in which the information was
produced.
(d)(1)
Nothing contained in this Code section shall be construed to prohibit any person
from disclosing any fact the knowledge of which was obtained independently of a
counseling session.
(2)
The State Personnel Administration counselor may disclose information obtained
in a counseling session to a manager of the State Personnel Administration for
the purpose of employee counseling. Any such disclosure shall be confidential
and the person to whom the information is disclosed shall be subject to the
restrictions contained in subsection (b) of this Code section.
(e)
Information received by a State Personnel Administration counselor during a
counseling session which indicates that unlawful activity is being conducted in
the employee's agency may be disclosed to the commissioner. The commissioner
may then notify the commissioner of any agency involved, the Governor, or the
Attorney General for appropriate action.
(f)
Any hearing before the board or one of its hearing officers regarding the
dismissal of a classified employee must be held in the county in which the
employee is employed unless all parties agree to another
location.
Reserved.
45-20-16.
(a)
As a part of employee compensation, the
State
Personnel Board
board
shall establish rules for the accrual and usage of leave and holidays and for
compensation due to emergency closure of state offices or facilities for
nontemporary employees. All agencies of the executive branch, exclusive of the
Board of Regents of the University System of Georgia, shall provide for the
accrual and usage of leave and holidays and for compensation due to emergency
closure of state offices or facilities for nontemporary employees in accordance
with State
Personnel Board
such
rules.
(b)
Any employee who has accumulated sick leave shall be authorized to utilize such
sick leave in accordance with the criteria established in the rules and
regulations of the State Personnel Board; provided, however, that whenever an
employee is sick and absent from work, the employee may be required to report
each day by telephone to the appropriate authority. An employee shall not be
required to provide documentation for the use of less than 17 hours of sick
leave in any 30 day period, unless the employee has demonstrated excessive or
abusive use of sick leave. The State Personnel Board shall establish rules and
regulations that define excessive or abusive use.
(c)
An employee who has accrued more than 15 days of sick leave as of November 30 of
any year may, by written notification to the appointing authority by no later
than December 31 of that year, convert up to three days of accrued sick leave in
excess of 15 days to personal leave. Any personal leave not used by December 31
of the following year, or upon termination, shall be forfeited and not restored
to the employee.
(d)
Personal leave may be used by the employee for personal reasons the same as
annual leave upon approval by the employee's appointing authority. The employee
shall normally be required to provide the appointing authority with a 24 hour
advance notice for use of personal leave. Every reasonable effort shall be made
by the appointing authority to accommodate employees on their requests for use
of personal leave.
(e)
If the appointing authority disagrees with the claim of sickness or need to
utilize sick leave made by the employee pursuant to subsection (d) of this Code
section, the appointing authority may disapprove the use of such sick leave in
accordance with the criteria established in the rules and regulations of the
State Personnel Board. The employee may contest the disapproval of the sick
leave through the department's employee complaint procedure.
(f)
Any nontemporary employee in classified or unclassified service who forfeits
accumulated sick leave as a result of withdrawal from employment with the state
shall be entitled to regain such accumulated sick leave after such employee
returns to state employment and remains in service for a period of two
consecutive years.
(g)
The State Personnel Board shall adopt regulations to implement the provisions of
this Code section. The leave regulations of the board in effect on July 1,
1991, and not in conflict with this Code section shall remain in effect until
amended, changed, modified, or repealed by the board.
45-20-17.
Reserved.
45-20-18.
Any
state employee who commits a validated act of abuse towards a member of the
public while performing employment duties shall not be eligible for any wage
incentive payment during the period such act occurred.
45-20-19.
(a)
This subsection shall apply whenever any department or agency proposes to
eliminate
one or more nontemporary positions or
terminate the employment of one or more
nontemporary
classified
employees through a reduction in force. No
position
elimination or employment termination
subject to this subsection
may
shall
become effective until at least 30 days after the affected employee has been
notified in writing by the department or agency. Such notice must contain at a
minimum:
(1)
A statement of the nature of the proposed action to be taken with respect to the
affected employee;
(2)
An explanation of the rights of the affected employee
with
respect
due
to the proposed reduction in force, including any right of appeal, or other
opportunities
with
respect to
regarding
possible continued employment, any opportunities to apply for employment with
any public or private party assuming the functions of the employee, or any other
similar opportunities; and
(3)
An explanation of the affected employee's rights and options
with
respect to
regarding
his or her employment benefits, including but not limited to any right to
continued participation in any retirement system or insurance plan.
(b)
This subsection shall apply whenever any department or agency proposes to
eliminate 25 or more
nontemporary
positions or terminate 25 or more
nontemporary
employees through a reduction in force. At least 15 days prior to giving the
employee notice
required by
subsection (a) of this Code section, the
department or agency shall give written notice to the President of the Senate
and the Speaker of the House of the proposed reduction in force. Such notice
shall:
(1)
Identify the facilities and operations to be affected and the estimated number
of employees to be affected; and
(2)
State the reasons for the proposed action.
(c)
Subsections (a) and (b) of this Code section shall not apply to a reduction in
force which must become effective immediately because the department or agency
has insufficient funds available to pay the salaries of the affected
employees.
45-20-20.
(a)
As used in this Code section, the term:
(1)
'Employing unit' means that budget unit under the Appropriations Act through
which an officer or employee receives compensation for services rendered as such
officer or employee.
(2)
'Federal law' means Section 3(a) of the Military Selective Service Act (50 App.
U.S.C.A. 451, et seq.).
(b)
A state officer, other than an elected officer whose office is created by the
Constitution, shall not be eligible to take office if such person is a male
between 18 and 26 years of age unless, prior to taking the oath of office, such
person presents proof to the Secretary of State of having registered with the
Selective Service System as required by federal law or of being exempt from such
registration.
(c)
A person employed by the state before July 1, 1998, other than an officer
specified or exempted by subsection (b) of this Code section, who is a male
between 18 and 26 years of age shall be terminated for cause unless, by January
1, 1999, such person presents proof to the employing unit of state government of
having registered with the Selective Service System as required by federal law
or of being exempt from such registration.
(d)
A person
may
shall
not be hired as an employee of the state on or after July 1, 1998, other than an
officer specified or exempted by subsection (b) of this Code section, if that
person is a male between 18 and 26 years of age unless, prior to such hiring,
such person presents proof to the employing unit of state government of having
registered with the Selective Service System as required by federal law or of
being exempt from such registration.
45-20-21.
The
State Personnel Board shall provide for a performance management system for the
periodic review and rating of the quality and quantity of work performed by
employees. All agencies of the executive branch, exclusive of the Board of
Regents of the University System of Georgia, shall provide for the review and
rating of the quality and quantity of work performed by employees.
ARTICLE
2
45-20-30.
Each
state, county, and municipal officer and employee in this state shall be allowed
a leave of absence, without loss of pay, of not more than eight hours in each
calendar year for the purpose of donating blood. This absence shall be computed
at two hours per donation, up to four times per year. However, any such officer
or employee who donates blood platelets or granulocytes through the
plasmapheresis process shall be allowed a leave of absence, without loss of pay,
of not more than 16 hours in each calendar year which shall be computed at four
hours per donation, up to four times per year.
45-20-31.
(a)
Each employee of the State of Georgia or of any branch, department, board,
bureau, or commission of the State of Georgia who serves as an organ donor for
the purpose of transplantation shall receive a leave of absence, with pay, of 30
days and such leave shall not be charged against or deducted from any annual or
sick leave and shall be included as service in computing any retirement or
pension benefits. The employee shall not be entitled to such leave of absence
with pay unless he or she furnishes to his or her supervisor or other proper
authority a statement from a medical practitioner who is to perform such
transplantation procedure or from a hospital administrator that the employee is
making an organ donation as provided in this Code section. If such donation
does not occur, the provisions of this Code section shall not be applicable.
For the purposes of this Code section, the term 'organ' means a human organ,
including an eye, that is capable of being transferred from the body of a person
to the body of another person.
(b)
Each employee of the State of Georgia or of any branch, department, board,
bureau, or commission of the State of Georgia who serves as a bone marrow donor
for the purpose of transplantation shall receive a leave of absence, with pay,
of seven days and such leave shall not be charged against or deducted from any
annual or sick leave and shall be included as service in computing any
retirement or pension benefits. The employee shall not be entitled to such
leave of absence with pay unless he or she furnishes to his or her supervisor or
other proper authority a statement from a medical practitioner who is to perform
such transplantation procedure or from a hospital administrator that the
employee is serving as a bone marrow donor as provided in this Code section. If
such donation does not occur, the provisions of this Code section shall not be
applicable.
ARTICLE
3
45-20-50.
It
is the purpose of this article to permit voluntary deductions from wages or
salaries of employees of the State of Georgia for the benefit of eligible
charitable health and human care organizations and to provide for the
distribution of funds collected through a process which involves minimal
disruption of work time and provides reasonable assurance to the employees that
their contributions are well used.
45-20-51.
As
used in this article, the term:
(1)
'Agency' means any agency, as defined in Code Section 45-20-2, which has
full-time paid state employees and, in addition thereto, shall include the board
of regents, all units of the university system, public authorities, and public
corporations.
(2)
'Charitable organization' means any voluntary health, welfare, educational, or
environmental restoration or conservation agency that is:
(A)
A private, self-governing, nonprofit organization chartered or authorized to do
business in the State of Georgia by the office of the Secretary of
State;
(B)
Exempt from taxation under Code Section 48-7-25;
(C)
One to which contributions are authorized as deductible by Section 170 of the
United States Internal Revenue Code, as amended;
(D)
Qualified as an organization as defined in Section 501(c)(3) of the United
States Internal Revenue Code; and
(E)
Not a religious organization except that a religious organization is not
disqualified to the extent that it operates a health, welfare, educational, or
environmental restoration or conservation function on a nonsectarian basis with
a distinct and separate budget for this function.
(3)
'Eligible voluntary charitable organization' means a charitable organization
which:
(A)
Actively conducts health, welfare, educational, or environmental restoration or
conservation programs and provides services to individuals directed at one or
more of the following common human needs within a community: family and child
care services; protective services for children and adults; services for
children and adults in foster care; services related to the management and
maintenance of the home; day-care services for adults; transportation services;
information, referral, and counseling services; the preparation and delivery of
meals; adoption services; emergency shelter, care, and relief services; safety
services; neighborhood and community organization services; recreation services;
social adjustment and rehabilitation services; health support services; or a
combination of such services designed to meet the special needs of specific
groups such as children and youth, the aged, the ill and infirm, or the
physically disabled; or provides services concerned with the ecological impact
of altering the environment; or provides services concerned with the cultivation
or imparting of knowledge or skills;
(B)
Provides direct and substantial services on a state-wide basis; is one of the
federated charitable organizations that coordinates fund raising and allocations
for at least five local charitable organizations in the various geographic areas
in which employees are solicited; is a federation of at least five state-wide
and local charitable organizations which are otherwise qualified under this
article and which federation expends all funds collected under this article to
serve Georgia residents and programs; is a health, welfare, educational, or
environmental restoration or conservation agency which is a member of a
federated, nonsectarian, nonpolitical, eligible voluntary charitable
organization subject to such rules and regulations as the board may prescribe;
or is a federated charitable organization that provides direct and substantial
health and welfare services internationally whose activities do not require a
local presence or provision of local services, which is authorized and certified
by the Secretary of State to transact business in Georgia, which is compliant
with the U.S. Office of Personnel Management's regulations issued pursuant to
the authority of 5 C.F.R. 950.201 and 950.202 for charities participating in the
Combined Federal Campaign, which has a registered agent in Georgia, and which
otherwise meets the criteria of this paragraph;
(C)
Observes a policy and practice of nondiscrimination on the basis of race, color,
religion, sex, national origin, or disability,
which
and
such policy is applicable to persons
served by the agency, to agency staff employment, and to membership on the
agency's governing board; and
(D)
Does not expend a substantial portion of its efforts to influence the outcome of
elections or the determination of public policy.
No
charitable organization shall be approved by the State Personnel Board under
more than one provision of subparagraph (B) of this paragraph.
(4)
'Employee' means any person receiving a payroll check from the state for
personal service to an agency.
45-20-52.
The
State
Personnel Board
board
shall serve
as the policy-setting body
set
policy for administration of this article
and shall have full power to promulgate, adopt, amend, or revoke such rules and
regulations consistent with this article as may be necessary to implement this
article. The board shall have specific authority to establish procedures under
which charitable organizations may be evaluated for inclusion in the charitable
deductions program. Only eligible voluntary charitable organizations which are
approved by the board may participate in the program. Such procedures may
include minimum participation levels based upon number of employees making a
designated contribution, dollar amounts of designated contributions, or other
factors as decided by the board and may exclude otherwise eligible charitable
organizations for failure to attain a minimum participation level.
45-20-53.
(a)
Any agency is authorized to deduct from the salaries or wages of its employees
amounts designated by the employee for the purpose of contribution to charitable
organizations. No such deduction procedure shall be implemented without the
approval of the chief executive officer or governing board of the
agency.
(b)
No deduction shall be made without the written request of the
employee,
which
request
shall designate the amount which is to be deducted. Deductions shall be made
monthly or to coincide with each pay period as determined by the agency. No
deduction shall be made for less than $1.00 per deduction period or for less
than $1.00 per designated charitable organization. Employees shall be clearly
apprised, on solicitation materials, of the manner in which funds will be
distributed. All deduction authorizations shall remain continuously in effect
until changed or canceled in writing by the employee. No deduction shall be
made for the benefit of any organization which fails to secure approval of the
board.
45-20-54.
(a)
No person shall disclose to any other person names of contributors or the
amounts or designations of authorized charitable deductions of another, except
as is necessary to accomplish the purpose of this article or as otherwise
authorized in writing by the person whose contributions are sought to be
disclosed. This prohibition against disclosure shall not, however, bar
appropriate state or federal tax authorities from access necessary to establish
the tax status of charitable organizations receiving these funds.
(b)
No person shall pressure, coerce, or in any way intimidate any employee to have
charitable deductions made from the employee's salary or with reference to the
amount of deductions to be made. Each agency shall review any violations or
alleged violations of this subsection and assure that appropriate action is
taken. Such action may include, without being limited to, discharge from
employment, consistent with policies of the agency and with
the
rules and regulations of the board.
45-20-54.1.
The
board shall promulgate regulations necessary and expedient to accomplishing the
distribution of funds deducted from employees' salaries, honoring employee
designations. Undesignated funds shall be fairly and impartially distributed as
determined by the board.
45-20-55.
The
state shall be reimbursed by participating charitable organizations, in direct
proportion to their receipts, for its additional direct cost of making
deductions and remitting the proceeds. To minimize time and administrative
expense, activities related to the management of the funds such as preparation
of materials, solicitor training, fiscal agent duties, and similar activities
may be delegated by the board to a participating party.
45-20-56.
Deductions
from salaries of employees and transmittal of funds to charitable organizations
may be offered as a privilege for the convenience of employees and no right of
action shall accrue to the employee or to any charitable organization for
errors, omissions, or decisions of administrative employees or officials
regarding such deductions. The board is the sole judge of charitable
organizations approved for participation in the program. Charitable
organizations may be disapproved without any liability on the part of any state
official or employee.
ARTICLE
4
45-20-70.
As
used in this article, the term 'employee assistance program' or 'program' means
a service established to assist state employees in coping with and overcoming
persistent problems that jeopardize the employee's effective job
performance.
45-20-70.1.
The
State
Personnel Board
board
is authorized in its discretion to establish an employee assistance program for
all state employees and to adopt and promulgate rules and regulations for its
administration.
45-20-71.
Program
related records or activities which might disclose the nature of the services
provided an employee or the identity of an employee utilizing the program shall
be maintained on a confidential basis. Such records shall be produced only when
the commissioner
of
personnel administration or his or her
designee is satisfied it is needed to respond to a life-threatening or medical
emergency or when written release is given by
an
that
employee.
ARTICLE
5
45-20-90.
As
used in this article, the term:
(1)
'Employee' means any employee required to be certified under the provisions of
Chapter 8 of Title 35 receiving a salary or hourly wage from any state agency,
department, commission, bureau, board, or authority. 'Employee' shall also
include any certified employee working under a personnel contract to provide
personnel services, including but not limited to medical, security, or
transportation services to a state or other public agency.
(2)
'Established drug test' means the collection and testing of bodily fluids
administered in a manner equivalent to that required by the Mandatory Guidelines
for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979,
et seq., as amended) or other professionally valid procedures approved by the
State
Personnel Board
board.
(3)
'High-risk work' means those duties where inattention to duty or errors in
judgment while on duty will have the potential for significant risk of harm to
the employee, other employees, or the general public.
(4)
'Illegal drug' means marijuana as defined in paragraph (16) of Code Section
16-13-21, as amended; a controlled substance as defined in paragraph (4) of Code
Section 16-13-21, as amended; a dangerous drug as defined in Code Section
16-13-71, as amended; or any other controlled substance or dangerous drug that
persons are prohibited from using. The term 'illegal drug' shall not include
any drug when used pursuant to a valid medical prescription or when used as
otherwise authorized by state or federal law.
45-20-91.
(a)
Employees working in high-risk jobs shall be subject to random testing for
evidence of use of illegal drugs.
(b)
The head of each state agency, department, commission, board, bureau, or
authority, in
conjunction with the DOAS, shall determine
those positions and groups of positions whose occupants regularly perform
high-risk work where inattention to duty or errors in judgment while on duty
will have the potential for significant risk of harm to the employee, other
employees, or the general public. This Code section shall not be construed to
include employees who do not regularly perform high-risk work regardless of the
fact that other employees in the same classification do perform such high-risk
work.
45-20-92.
(a)
The State Personnel Board shall adopt rules to establish:
(1)
The portion of employees in the high-risk work group that may be selected at
random for testing at each testing period;
(2)
Methods for assuring that employees are selected for testing on a random
basis;
(3)
Methods for assuring that privacy intrusions are minimized during collection of
body fluid specimens;
(4)
Methods for assuring that any body fluid specimens are stored and transported to
testing laboratories at proper temperatures and under such conditions that the
quality of the specimens shall not be jeopardized;
(5)
Methods for assuring that the identity of employees whose tests show the usage
of an illegal drug is limited to the staff who are entitled to this information;
and
(6)
The identification of those persons entitled to the information and shall adopt
such other rules as it may deem appropriate to carry out the purposes of this
article. The board may, in its discretion, delegate to the commissioner
of
personnel administration such authority as
appropriate to carry out the purposes of this article.
(b)
The commissioner shall establish and maintain a list of those laboratories
qualified to conduct established drug tests and shall determine which illegal
drugs will be the subject of testing; provided, however, that no laboratory
shall be so certified unless that laboratory, on a daily basis, adds to its
urine testing program a minimum of 10 percent blind test specimens.
45-20-93.
(a)
Any employee conducting high-risk work found to have used an illegal drug shall
be terminated from his or her employment.
(b)
Any employee who refuses to provide body fluid
specimens,
when requested to do so in accordance with the random drug testing conducted
pursuant to this article and administrative rules and regulations promulgated
under this article, shall be terminated from his or her employment.
ARTICLE
6
45-20-110.
As
used in this article, the term:
(1)
'Applicant' means a candidate who is offered public employment with any agency,
department, commission, bureau, board, college, university, institution, or
authority of any branch of state government or who has commenced employment but
has not submitted to an established test for illegal drugs.
(2)
'Established test' means the collection and testing of bodily fluids
administered in a manner equivalent to that required by the Mandatory Guidelines
for Federal Workplace Drug Testing Programs (HHS Regulations 53 Fed. Reg. 11979,
et seq., as amended).
(3)
'Illegal drug' means marijuana/cannabinoids (THC), cocaine,
amphetamines/methamphetamines, opiates, or phencyclidine (PCP). The term
'illegal drug' shall not include any drug when used pursuant to a valid
prescription or when used as otherwise authorized by state or federal
law.
(4)
'Job' means a defined set of key responsibilities and performance standards
encompassing one or more positions sufficiently similar in responsibilities and
performance standards to be grouped together.
(5)
'Medical review officer' means a properly licensed physician who reviews and
interprets results of drug testings and evaluates those results together with
medical history or any other relevant biomedical information to confirm positive
and negative results.
(6)
'Position' means a set of duties and responsibilities assigned or delegated by
competent authority for performance by one person.
45-20-111.
(a)
The head of each agency, department, commission, bureau, board, college,
university, institution, or authority shall ensure an analysis is completed on
all jobs in his or her organization to determine those positions whose duties
and responsibilities warrant conducting an established test for illegal drugs in
accordance with the provisions of this Code section. The analysis must be
completed by July 1, 1995. All jobs established after this date must undergo a
similar analysis no later than six weeks after establishment. An applicant for
a designated position shall undergo a drug test consistent with these
provisions.
(b)
An applicant for state employment who is offered employment in a position
designated by the head of the agency, department, commission, bureau, board,
college, university, institution, or authority as requiring a drug test shall,
prior to commencing employment or within ten days after commencing employment,
submit to an established test for illegal drugs. All costs of such testing
shall be paid from public funds by the employing agency or unit of state
government. Any such test which indicates the presence of illegal drugs shall
be followed by a confirmatory test using gas chromatography/mass spectrometry
analysis. If the results of the confirmatory test indicate the presence of
illegal drugs, such results shall be reviewed and interpreted by a medical
review officer to determine if there is an alternative medical explanation. If
the applicant provides appropriate documentation and the medical review officer
determines that it was a legitimate usage of the substance, the result shall be
reported as negative. Any applicant who fails to provide an alternative medical
explanation shall be reported by the medical review officer as having a positive
test result. Any applicant offered employment who refuses to submit to an
established test for illegal drugs or whose test results are positive shall be
disqualified from employment by the state. Such disqualification shall not be
removed for a period of two years from the date that such test was administered
or offered, whichever is later. The
State
Personnel Board
board
shall develop rules for the administration of the test and any verification
procedures. Other covered units of state government shall also develop rules
governing these procedures. The results of such tests shall remain confidential
and shall not be a public record unless necessary for the administration of
these provisions or otherwise mandated by other state or federal law."
PART
II
SECTION 2-1.
SECTION 2-1.
Title
1 of the Official Code of Georgia Annotated, relating to general provisions, is
amended by revising Code Section 1-4-1, relating to public and legal holidays
and leave for observance of religious holidays not specifically provided for, as
follows:
"1-4-1.
(a)
The State of Georgia shall recognize and observe as public and legal
holidays:
(1)
All days which have been designated as of January 1, 1984, as public and legal
holidays by the federal government; and
(2)
All other days designated and proclaimed by the Governor as public and legal
holidays or as days of fasting and prayer or other religious observance. In
such designation the Governor shall include at least one of the following dates:
January 19, April 26, or June 3, or a suitable date in lieu thereof to
commemorate the event or events now observed by such dates.
(b)
The Governor shall close all state offices and facilities a minimum of 12 days
throughout the year and not more than 12 days in observance of the public and
legal holidays and other days set forth in subsection (a) of this Code section
and shall specify the days state offices and facilities shall be closed for such
observances.
(c)
Employees of any state department or agency
or of any
other department or agency covered by the State Personnel
Administration shall, upon request to
their appointing authority or his
or
her designee at least seven days in
advance, be given priority consideration for time away from work for observance
of religious holy days not otherwise provided for in this Code section. Any
paid leave time for such religious holy day observance shall be charged to
accrued compensatory leave or accrued annual leave credits available to the
employee at the time of the holy day observance. No employee may claim priority
consideration for more than three work days each calendar year. A request by an
employee for time away from work to observe a religious holy day shall not be
denied unless the employee has inadequate accrued compensatory or annual leave
credits to cover such period of absence or the duties performed by the employee
are urgently required and the employee is the only person available who can
perform the duties as determined by the appointing authority or his
or
her designee. The State Personnel Board
shall provide by rule and regulation a procedure to be followed by agencies and
departments in the granting of such holy days
for
employees in the classified service of the State Personnel Administration. The
employing department or agency shall provide the procedures to be followed for
all other employees."
SECTION
2-2.
Title
2 of the Official Code of Georgia Annotated, relating to agriculture, is amended
by revising Code Section 2-2-4, relating to salary and expenses, and
compensation of employees, as follows:
"2-2-4.
(a)
The annual salary of the Commissioner shall be as provided in Code Sections
45-7-3 and 45-7-4. The Commissioner shall be entitled to reimbursement of
expenses as provided by Code Section 45-7-20.
(b)
The Commissioner is authorized to employ personnel for the department, to
prescribe their duties, and to fix the compensation of such personnel; provided,
however, that such
personnel
who are under the State Personnel Administration shall be compensated
under
compensation
shall be in accordance with the rules and
regulations of the State Personnel Board."
SECTION
2-3.
Title
7 of the Official Code of Georgia Annotated, relating to banking and finance, is
amended by revising Code Section 7-1-35, relating to deputy commissioners,
examiners, and assistants, as follows:
"7-1-35.
(a)
The commissioner shall appoint from time to time, with the right to discharge at
will, a senior deputy commissioner of banking and finance. The commissioner may
appoint additional deputy commissioners as needed. All deputy commissioners
shall also be ex officio examiners. The commissioner may appoint such
additional examiners and assistants as he or she may need to discharge in a
proper manner the duties imposed upon the commissioner by law, subject to any
applicable state laws or rules or regulations and within the limitations of the
appropriation to the department as prescribed in this chapter. Hiring,
promotion, and other personnel policies of the department shall be consistent
with guidelines or directives of the state, shall be in writing, and shall be
made available upon request to employees of the department.
(b)
Within the limitations of its annual appropriation, the department may expend
funds pursuant to the authority granted under Article VIII, Section VII,
Paragraph I of the 1983 Constitution of Georgia necessary to the recruitment,
training, and certification of a professional staff of financial examiners. The
department may provide for the participation of examiners in such educational,
training, and certification programs as the commissioner deems necessary to the
continued qualification and recognition of the professional status of examiners.
The department may recognize independent certification of professional
qualifications as supplemental to the rules and regulations of the State
Personnel
Administration
Board
in considering the personnel actions relative to its
examiners."
SECTION
2-4.
Title
12 of the Official Code of Georgia Annotated, relating to conservation and
natural resources, is amended by revising Code Section 12-2-6, relating to
authority to arrange for and accept federal aid and cooperation, volunteer
services, cooperation with other government entities and civic organizations,
and creation of nonprofit corporation, as follows:
"12-2-6.
(a)
In carrying out its objectives, the department is authorized to arrange for and
accept such aid and cooperation from the several United States governmental
bureaus and departments and from such other sources as may lend
assistance.
(b)(1)
The commissioner is authorized to accept
without
regard to the State Personnel Administration, laws, rules, or
regulations, the services of individuals
without compensation as volunteers for or in aid of environmental protection,
coastal resources, historic preservation, interpretive functions, hunter safety
and boating safety instruction, hunter safety and boating safety programs,
wildlife management, recreation, visitor services, conservation measures and
development, public education on conservation, and any other activities in and
related to the objectives, powers, duties, and responsibilities of the
department.
(2)
The commissioner is authorized to provide for reimbursement of volunteers for
incidental expenses such as transportation, uniforms, lodging, and subsistence.
The commissioner is also authorized to provide general liability coverage and
fidelity bond coverage for such volunteers while they are rendering service to
or on behalf of the department.
(3)
Except as otherwise provided in this Code section, a volunteer shall not be
deemed to be a state employee and shall not be subject to the provisions of law
relating to state employment, including, without limitation, those relating to
hours of work, rates of compensation, leave, unemployment compensation, and
state employee benefits.
(4)
Volunteers performing work under the terms of this Code section may be
authorized by the department to operate state owned vehicles. They may also be
treated as employees of the state for the purposes of inclusion in any
automobile liability insurance or self-insurance, general liability insurance or
self-insurance, or fidelity bond coverage provided by the department for its
employees while operating state owned vehicles.
(5)
No volunteer shall be authorized or allowed to enter privately owned or operated
lands, facilities, or properties without the express prior written permission of
the owner or operator of such privately owned or operated lands, facilities, or
properties; provided, however,
that
such prohibition shall not apply to lands, facilities, or properties leased to
the State of Georgia.
(c)
The department shall have the power and authority to create, establish, and
operate a program or programs to facilitate, amplify, or supplement the
objectives and functions of the department through the use of volunteer
services, including, but not limited to, the recruitment, training, and use of
volunteers.
(d)
The department is directed to cooperate with and coordinate its work with the
work of each department of the federal government dealing with the same subject
matters dealt with by the Department of Natural Resources. The department is
authorized to cooperate with the counties of the state in any surveys to
ascertain the natural resources of the counties. The department is also
authorized to cooperate with the governing bodies of municipalities and boards
of trade and other local civic organizations in examining and locating water
supplies and in giving advice concerning and in recommending plans for other
municipal improvements and enterprises. Such cooperation is to be conducted
upon such terms as the department may direct.
(e)
The department shall have the authority to participate with public and private
groups, organizations, and businesses in joint advertising and promotional
projects that promote environmental protection, coastal resource conservation,
historic preservation, interpretive functions, hunter safety and boating safety
instruction and programs, outdoor recreation, wildlife management, recreation,
visitor services, conservation measures and development, public education on
conservation,
and any other activities in and related to the objectives, powers, duties, and
responsibilities of the department and that make efficient use of funds
appropriated for advertising and promotions; provided, however, that nothing in
this subsection shall be construed so as to authorize the department to grant
any donation or gratuity.
(f)(1)
The department shall have the power and authority to incorporate one nonprofit
corporation that could qualify as a public foundation under Section 501(c)(3) of
the Internal Revenue Code to aid the department in carrying out any of its
powers and in accomplishing any of its purposes. Any nonprofit corporation
created pursuant to this power shall be created pursuant to Chapter 3 of Title
14, the 'Georgia Nonprofit Corporation Code,' and the Secretary of State shall
be authorized to accept such filing.
(2)
Any nonprofit corporation created pursuant to this subsection shall be subject
to the following provisions:
(A)
In accordance with the Constitution of Georgia, no governmental functions or
regulatory powers shall be conducted by any such nonprofit
corporation;
(B)
Upon dissolution of any such nonprofit corporation incorporated by the
department, any assets shall revert to the department or to any successor to the
department or, failing such succession, to the State of Georgia;
(C)
No member of the Board of Natural Resources shall be an officer or director of
any such nonprofit corporation;
(D)
As used in this subparagraph, the term 'direct employee costs' means salary,
benefits, and travel expenses. To avoid the appearance of undue influence on
regulatory functions by donors, no donations to any such nonprofit corporation
from private sources shall be used for direct employee costs of the
department;
(E)
Any such nonprofit corporation shall be subject to all laws relating to open
meetings and the inspection of public records;
(F)
The department shall not be liable for the action or omission to act of any such
nonprofit corporation;
(G)
No debts, bonds, notes, or other obligations incurred by any such nonprofit
corporation shall constitute an indebtedness or obligation of the State of
Georgia nor shall any act of any such nonprofit corporation constitute or result
in the creation of an indebtedness of the state. No holder or holders of any
such bonds, notes, or other obligations shall ever have the right to compel any
exercise of the taxing power of the state nor to enforce the payment thereof
against the state; and
(H)
Any nonprofit corporation created pursuant to this Code section shall not
acquire or hold a fee simple interest in real property by any method, including
but not limited to gift, purchase, condemnation, devise, court order, and
exchange.
(3)
Any nonprofit corporation created pursuant to this subsection shall make public
and provide an annual report showing the identity of all donors and the amount
each person or entity donated as well as all expenditures or other disposal of
money or property donated. Such report shall be provided to the Governor, the
Lieutenant Governor, the Speaker of the House of Representatives, and the
chairpersons of the House Committee on Natural Resources and Environment, the
House Committee on Game, Fish, and Parks, and the Senate Natural Resources and
the Environment Committee. Any such nonprofit corporation shall also provide
such persons with a copy of all corporate filings with the federal Internal
Revenue Service."
SECTION
2-5.
Said
Title 12 is further amended by revising Code Section 12-3-536, relating to
transferring powers of authority to the Department of Economic Development, as
follows:
"12-3-536.
(a)
Effective July 1, 1998, without diminishing the powers of the authority pursuant
to Code Section 12-3-524, all personnel positions authorized by the authority in
fiscal year 1998 shall be transferred to the Department of Community Affairs.
All employees of the authority on June 30, 1998, whose positions are transferred
by the authority to the Department of Community Affairs shall become employees
of the Department of Community Affairs and shall become employees in the
unclassified service
of the
State Personnel Administration as defined
in Code Section
45-20-6
45-20-2.
(b)
On April 26, 2005, the functions of the Board of Community Affairs, Department
of Community Affairs, and commissioner of community affairs respecting the Music
Hall of Fame Authority are transferred to the Department of Economic
Development. The commissioner of economic development and the commissioner of
community affairs shall arrange administratively for the transfer of records,
equipment, and facilities for such transferred functions. The personnel
positions authorized by the Department of Community Affairs shall be transferred
to the Department of Economic Development, and all employees of the Department
of Community Affairs whose positions are transferred shall become employees of
the Department of Economic Development with no break in service and in the
classified or unclassified service as they were at the Department of Community
Affairs."
SECTION
2-6.
Said
Title 12 is further amended by revising Code Section 12-4-1, relating to powers
and duties of Environmental Protection Division as to mineral and geological
resources, as follows:
"12-4-1.
(a)
The Environmental Protection Division of the Department of Natural Resources
shall:
(1)
Conduct studies in the field for the purposes expressed in this
subsection;
(2)
Map and prepare reports of the geological and mineral resources of the
state;
(3)
Prepare, or cooperate in preparing, topography maps for use as base maps in the
geological field study and in mining development, and for use in planning power
developments, agriculture and reclamation work, and highways;
(4)
Make hydrographic surveys which are deemed by the division to be advantageous to
the mining and milling of mineral deposits, to the utilization of waterpower, or
to reclamation, or which are deemed to constitute proper cooperative
investigations with other departments of the state or federal governments in aid
of laboratory research relating to mining and to metallurgical problems of the
state's mining and mineral industry; and
(5)
Publish in print or electronically bulletins embodying reports provided by the
division.
(b)
It shall be the duty of the division to conduct cooperative work relating to
mines, mining, and geology with the departments and bureaus of the United States
government, provided that the federal expenditure for such work shall at least
equal that of the state.
(c)
The director of the Environmental Protection Division of the Department of
Natural Resources may appoint technical assistants who shall be in the
classified service
under the
State Personnel Administration
as defined by
Code Section 45-20-2.
(d)
The functions, duties, and powers of the former Department of Mines, Mining, and
Geology are transferred to and vested in the Environmental Protection Division
of the Department of Natural Resources.
(e)
The Environmental Protection Division of the Department of Natural Resources
shall have charge of the work of mines, mining, and geology."
SECTION
2-7.
Said
Title 12 is further amended by revising Code Section 12-6-5, relating to powers
and duties of commission generally and volunteer services, as
follows:
"12-6-5.
(a)
The commission shall have power and authority:
(1)
To take all action appropriate to foster, improve, and encourage
reforestation;
(2)
To engage in research and other projects for the ascertainment and promulgation
of better forestry practices;
(3)
To offer aid, assistance, and technical advice to landowners relative to the
preservation and culture of forests;
(4)
To receive gifts or donations made to it and to expend the same under the terms
of such gifts or donations;
(5)
To conduct and direct fire prevention work and maintain equipment, personnel,
and installations for the detection, prevention, and combating
thereof;
(6)
To publish in print or electronically and distribute the results of its research
and investigations;
(7)
To cooperate and contract with other agencies and instrumentalities of
government, either county, municipal, state, or national, and with private
persons or concerns for the advancement of the forests of this state;
and
(8)
To engage in land conservation projects as provided by Chapter 6A of this
title.
(b)(1)
The director is authorized to
accept,
without regard to the State Personnel Administration laws, rules, or
regulations, the services of individuals
without compensation as volunteers for or in aid of fire tower operation, urban
tree planting and inventories, seedling deliveries, insect surveys and
evaluations, tours and field days, staffing exhibits, facility maintenance,
beautification projects, and any other activity in and related to the
objectives, powers, duties, and responsibilities of the commission.
(2)
The director is authorized to provide for reimbursement of volunteers for
incidental expenses such as transportation, uniforms, lodging, and subsistence.
The director is also authorized to provide general liability coverage and
fidelity bond coverage for such volunteers while they are rendering service to
or on behalf of the commission.
(3)
Except as otherwise provided in this Code section, a volunteer shall not be
deemed to be a state employee and shall not be subject to the provisions of law
relating to state employment including, without limitation, those relating to
hours of work, rates of compensation, leave, unemployment compensation,
retirement, and state employee benefits.
(4)
Volunteers performing work under the terms of this Code section may be
authorized by the department to operate state owned vehicles. They may also be
treated as employees of the state for the purposes of inclusion in any
automobile liability insurance or self-insurance, general liability insurance or
self-insurance, or fidelity bond coverage provided by the commission for its
employees while operating state owned vehicles.
(5)
No volunteer shall be authorized or allowed to enter privately owned or operated
lands, facilities, or properties, except for emergency fire fighting purposes,
without the express prior written permission of the owner or operator of such
privately owned or operated lands, facilities, or properties; provided, however,
that
such prohibition shall not apply to lands, facilities, or properties leased to
the State of Georgia.
(c)
The commission shall have the power and authority to create, establish, and
operate a program or programs to facilitate, amplify, or supplement the
objectives and functions of the commission through the use of volunteer services
including, but not limited to, the recruitment, training, and use of
volunteers.
(d)
The enumeration of specific powers in this Code section shall not be construed
as a denial of others not specified in this Code section."
SECTION
2-8.
Said
Title 12 is further amended by revising Code Section 12-11-5, relating to
director, administration of corps programs, and energy savings initiatives, as
follows:
"12-11-5.
(a)
There is created the position of director of the Georgia Youth Conservation
Corps. The director shall be appointed by the commissioner and shall be in the
unclassified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2.
(b)
The commissioner shall be charged with the overall administration of corps
programs under the provisions of this chapter and such rules and regulations as
are adopted by the board. The commissioner may delegate to the director any or
all of the duties and functions prescribed by this chapter. Such duties and
functions may include, but are not limited to, the following:
(1)
Recruiting and employing staff and corps member leaders and
specialists;
(2)
Adopting criteria for the selection of applicants to the corps;
(3)
Executing agreements for furnishing the services of the corps to any federal,
state, or local agency or to any local organization concerned with the overall
objectives of the corps and all other agreements necessary and proper for the
implementation and administration of this chapter;
(4)
Applying for and accepting grants or contributions of funds from any source,
public or private;
(5)
Providing funds and matching funds to other corps programs meeting the
specifications of this chapter and the rules and regulations of the board;
and
(6)
Reporting annually to the council, the Governor, and the General Assembly on the
activities undertaken by the corps in the preceding fiscal year, including a
cost-effectiveness analysis of all completed, ongoing, and proposed
projects.
(c)
The commissioner shall have the authority to contract with the Georgia
Environmental Finance Authority and the Department of Labor for purposes of
management and installation of energy saving material or devices or other
projects under this chapter. The commissioner, the Georgia Environmental
Finance Authority, and the Department of Labor are encouraged to use the corps
for such purposes."
SECTION
2-9.
Title
15 of the Official Code of Georgia Annotated, relating to courts, is amended by
revising Code Section 15-5-6, relating to administrative assistant, duties,
status, and compensation, as follows:
"15-5-6.
Each
district administrative judge is authorized to hire a full-time assistant
adequately trained in the duties of court administration. The assistant shall
assist in the duties of the district administrative judge, provide general court
administrative services to the district council, and otherwise perform such
duties as may be assigned to him
or
her by the district administrative judge.
Each assistant shall be an employee of the judicial branch of the state
government and shall be in the unclassified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2. The assistant shall
be compensated in an amount and manner to be determined by uniform rules adopted
by the ten administrative judges. Each assistant shall be compensated out of
funds made available for such purposes within the judicial branch of the
government. Additional funds shall be made available for needed clerical and
other office operating costs of the assistant."
SECTION
2-10.
Said
Title 15 is further amended by revising Code Section 15-6-27, relating to
procedure for hiring personnel employed by superior court judges, authority,
duties, uniform policies, salaries and benefits, expenses, supplies, and local
supplements, as follows:
"15-6-27.
(a)
All state paid personnel employed by the superior court judges pursuant to this
article shall be employees of the judicial branch of state government and shall
be in the unclassified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2.
(b)
Personnel employed pursuant to this Code section shall have such authority,
duties, powers, and responsibilities as are assigned by the appointing superior
court judge or as authorized by law or by the uniform policies and procedures
established by The Council of Superior Court Judges of Georgia and shall serve
at the pleasure of the superior court judge.
(c)
Subject to the provisions of this Code section, The Council of Superior Court
Judges of Georgia shall adopt and amend uniform policies, rules, and regulations
which shall apply to all state paid personnel employed by the superior court
judges. Such policies, rules, and regulations may include provisions for
appointment, classification, transfers, leave, travel, records, reports, and
training of personnel. To the maximum extent possible and consistent with the
duties and responsibilities of the superior court judges and the rules of the
trial and appellate courts, such policies, rules, and regulations shall be
similar to policies, rules, and regulations governing other state employees;
provided, however,
that
no policy shall be implemented which reduces the salary of any personnel
employed on July 1, 1997. Not less than 30 days prior to taking final action on
any proposed policy, rule, or regulation adopted pursuant to this Code section,
or any amendment thereto, the council shall transmit a copy of the policy, rule,
regulation, or amendment to all superior court judges and the chairpersons of
the Judiciary Committee of the House of Representatives and the Judiciary
Committee of the Senate.
(d)
State paid personnel employed by a superior court judge shall be entitled to
annual, sick, and other leave authorized by the policies, rules, or regulations
adopted by the council.
(e)
Subject to the provisions of Code Sections 15-6-25 and 15-6-28, the council
shall annually promulgate salary schedules for each state paid position.
Salaries shall be paid in equal installments from state funds appropriated or
otherwise available for the operation of the superior courts.
(f)
Personnel compensated by the state pursuant to this article shall be entitled to
receive, in addition to such other compensation as may be provided by law,
reimbursement for actual expenses incurred in the performance of their official
duties in accordance with the rules and regulations established pursuant to
Article 2 of Chapter 7 of Title 45. Such reimbursement shall be made from state
funds appropriated or otherwise available for the operation of the superior
courts.
(g)
Personnel compensated by the state pursuant to this article are authorized to
purchase such supplies and equipment as may be necessary to enable them to carry
out their duties and responsibilities. The funds necessary to pay for such
supplies and equipment shall come from funds appropriated or otherwise available
for the operation of the superior courts.
(h)
The governing authority of the county or counties comprising a judicial circuit
may supplement the salary or fringe benefits of any state paid personnel
appointed pursuant to this article.
(i)
The governing authority of any municipality within the judicial circuit may,
with the approval of the superior court judge, supplement the salary or fringe
benefits of any state paid personnel appointed pursuant to this
article.
(j)
In lieu of hiring personnel under this article, superior court judges, with the
written consent of the governing authority of any county or counties within a
judicial circuit, may employ personnel who shall be employees of the county
which pays the compensation of the personnel. The county shall be reimbursed,
from funds appropriated or otherwise available for the operation of the superior
courts, for the compensation paid to the personnel plus any employer
contribution paid for the personnel under the act of Congress, approved August
14, 1935, 49 Stat. 620, known as the Social Security Act, as amended, but the
payments shall not exceed the maximum amount payable directly to or for the
personnel as promulgated by The Council of Superior Court Judges of Georgia for
state paid personnel. In the event of any vacancy which occurs after July 1,
1997, in a position compensated by a county pursuant to this Code section, the
vacancy may be filled as provided in Code Section 15-6-25."
SECTION
2-11.
Said
Title 15 is further amended by revising Code Section 15-6-88, relating to
minimum annual salary schedule, as follows:
"15-6-88.
(a)
Any other provision of law to the contrary notwithstanding, the minimum annual
salary of each clerk of the superior court in each county of this state shall be
fixed according to the population of the county in which he or she serves, as
determined by the United States decennial census of 2000 or any future such
census; provided, however, that such annual salary shall be recalculated in any
year following a census year in which the Department of Community Affairs
publishes a census estimate for the county prior to July 1 in such year that is
higher than the immediately preceding decennial census. Except as otherwise
provided in subsection (b) of this Code section, each such clerk shall receive
an annual salary, payable in equal monthly installments from the funds of the
county, of not less than the amount fixed in the following
schedule:
|
Population
|
Minimum
Salary
|
|
0 - 5,999 $ 29,832.20
|
|
|
6,000 - 11,889 40,967.92
|
|
|
11,890 - 19,999 46,408.38
|
|
|
20,000 - 28,999 49,721.70
|
|
|
29,000 - 38,999 53,035.03
|
|
|
39,000 - 49,999 56,352.46
|
|
|
50,000 - 74,999 63,164.60
|
|
|
75,000 - 99,999 67,800.09
|
|
|
100,000
- 149,999 72,434.13
|
|
|
150,000
- 199,999 77,344.56
|
|
|
200,000
- 249,999 84,458.82
|
|
|
250,000
- 299,999 91,682.66
|
|
|
300,000
- 399,999 101,207.60
|
|
|
400,000
- 499,999 105,316.72
|
|
|
500,000
or more 109,425.84
|
|
(b)
On and
after July 1, 2006, whenever
Whenever
the
state
employees
in the
classified service of the State Personnel
Administration
subject to
compensation plans authorized and approved in accordance with Code Section
45-20-4 receive a cost-of-living increase
or general performance based increase of a certain percentage or a certain
amount, the amounts fixed in the minimum salary schedule in subsection (a) of
this Code section, in Code Section 15-6-89, and in subsection (b) of Code
Section 15-10-105, or the amounts derived by increasing each of said amounts
through the application of longevity increases pursuant to subsection (a) of
Code Section 15-6-90, where applicable shall be increased by the same percentage
or same amount applicable to such state employees. If the cost-of-living
increase or general performance based increase received by state employees is in
different percentages or different amounts as to certain categories of
employees, the amounts fixed in the minimum salary schedule in subsection (a) of
this Code section, in Code Section 15-6-89, and in subsection (b) of Code
Section 15-10-105, or the amounts derived through the application of longevity
increases, shall be increased by a percentage or an amount not to exceed the
average percentage or average amount of the general increase in salary granted
to the state employees. The Office of Planning and Budget shall calculate the
average percentage increase or average amount increase when necessary. The
periodic changes in the amounts fixed in the minimum salary schedule in
subsection (a) of this Code section, in Code Section 15-6-89, in subsection (b)
of Code Section 15-10-105, or the amounts derived through the application of
longevity increases, as authorized by this subsection shall become effective on
the first day of January following the date that the cost-of-living increases or
general performance based increases received by state employees become
effective; provided, however, that if the cost-of-living increases received by
state employees become effective on January 1, such periodic changes in the
amounts fixed in the minimum salary schedule in subsection (a) of this Code
section, in Code Section 15-6-89, and in subsection (b) of Code Section
15-10-105, or the amounts derived by increasing each of said amounts through the
application of longevity increases pursuant to subsection (a) of Code Section
15-6-90, shall become effective on the same date that the cost-of-living
increases or general performance based increases received by state employees
become effective.
(c)
This Code section shall not be construed to reduce the salary of any clerk of
the superior court in office on July 1, 1991; provided, however, that successors
to such clerks in office on July 1, 1991, shall be governed by the provisions of
subsections (a) and (b) of this Code section.
(d)
The county governing authority may supplement the minimum annual salary of the
clerk of the superior court in such amount as it may fix from time to time; but
no clerk's compensation supplement shall be decreased during any term of office.
Any prior expenditure of county funds to supplement the clerk's salary in the
manner authorized by this subsection is ratified and confirmed. Nothing
contained in this subsection shall prohibit the General Assembly by local law
from supplementing the annual salary of the clerk."
SECTION
2-12.
Said
Title 15 is further amended by revising Code Section 15-9-63, relating to
schedule of minimum salaries, as follows:
"15-9-63.
(a)(1)
Any other laws to the contrary notwithstanding, the minimum annual salary of
each judge of the probate court in this state shall be fixed according to the
population of the county in which he or she serves, as determined by the United
States decennial census of 2000 or any future such census; provided, however,
that such annual salary shall be recalculated in any year following a census
year in which the Department of Community Affairs publishes a census estimate
for the county prior to July 1 in such year that is higher than the immediately
preceding decennial census. Each such judge of the probate court shall receive
an annual salary, payable in equal monthly installments from the funds of his or
her county, of not less than the amount fixed in the following
schedule:
|
Population
|
Minimum
Salary
|
|
0 - 5,999 $ 29,832.20
|
|
|
6,000 - 11,889 40,967.92
|
|
|
11,890 - 19,999 46,408.38
|
|
|
20,000 - 28,999 49,721.70
|
|
|
29,000 - 38,999 53,035.03
|
|
|
39,000 - 49,999 56,352.46
|
|
|
50,000 - 74,999 63,164.60
|
|
|
75,000 - 99,999 67,800.09
|
|
|
100,000
- 149,999 72,434.13
|
|
|
150,000
- 199,999 77,344.56
|
|
|
200,000
- 249,999 84,458.82
|
|
|
250,000
- 299,999 91,682.66
|
|
|
300,000
- 399,999 101,207.60
|
|
|
400,000
- 499,999 105,316.72
|
|
|
500,000
or more 109,425.84
|
|
(2)
On and
after July 1, 2006, whenever
Whenever
the
state
employees
in the
classified service of the State Personnel
Administration
subject to
compensation plans authorized and approved in accordance with Code Section
45-20-4 receive a cost-of-living increase
or general performance based increase of a certain percentage or a certain
amount, the amounts fixed in the minimum salary schedule in paragraph (1) of
this subsection and in Code Section 15-9-64, or the amounts derived by
increasing each of said amounts through the application of longevity increases
pursuant to Code Section 15-9-65, where applicable, shall be increased by the
same percentage or same amount applicable to such state employees. If the
cost-of-living increase or general performance based increase received by state
employees is in different percentages or different amounts as to certain
categories of employees, the amounts fixed in the minimum salary schedule in
paragraph (1) of this subsection, and in Code Section 15-9-64, or the amounts
derived through the application of longevity increases, shall be increased by a
percentage or an amount not to exceed the average percentage or average amount
of the general increase in salary granted to the state employees. The Office of
Planning and Budget shall calculate the average percentage increase or average
amount increase when necessary. The periodic changes in the amounts fixed in
the minimum salary schedule in paragraph (1) of this subsection, and in Code
Section 15-9-64, or the amounts derived through the application of longevity
increases, as authorized by this paragraph shall become effective on the first
day of January following the date that the cost-of-living increases or general
performance based increases received by state employees become effective;
provided, however, that if the cost-of-living increases received by state
employees become effective on January 1, such periodic changes in the amounts
fixed in the minimum salary schedule in paragraph (1) of this subsection and in
Code Section 15-9-64, or the amounts derived by increasing each of said amounts
through the application of longevity increases pursuant to Code Section 15-9-65,
where applicable, as authorized by this paragraph shall become effective on the
same date that the cost-of-living increases or general performance based
increases received by state employees become effective.
(3)
The county governing authority may supplement the minimum annual salary of the
judge of the probate court in such amount as it may fix from time to time; but
no probate judge's compensation supplement shall be decreased during any term of
office. Any prior expenditure of county funds to supplement the probate judge's
salary in the manner authorized by this paragraph is ratified and confirmed.
Nothing contained in this paragraph shall prohibit the General Assembly by local
law from supplementing the annual salary of the probate judge.
(b)
In any county in which more than 70 percent of the population of the county
according to the United States decennial census of 1990 or any future such
census resides on property of the United States government which is exempt from
taxation by this state, the population of the county for purposes of subsection
(a) of this Code section shall be deemed to be the total population of the
county minus the population of the county which resides on property of the
United States government."
SECTION
2-13.
Said
Title 15 is further amended by revising Code Section 15-9-63.1, relating to
compensation for services as magistrate or chief magistrate, and longevity
increases, as follows:
"15-9-63.1.
(a)
Beginning January 1, 2002, in any county in which the probate judge serves as
chief magistrate or magistrate, he or she shall be compensated for such services
based on a minimum annual amount of $11,642.54; provided, however, that
compensation for a probate judge shall not be reduced during his or her term of
office.
(b)
On and
after July 1, 2006, whenever
Whenever
the
state
employees
in the
classified service of the State Personnel
Administration
subject to
compensation plans authorized and approved in accordance with Code Section
45-20-4 receive a cost-of-living increase
or general performance based increase of a certain percentage or a certain
amount, the amount provided in subsection (a) of this Code section shall be
increased by the same percentage or same amount applicable to such state
employees. If the cost-of-living increase or general performance based increase
received by state employees is in different percentages or different amounts as
to certain categories of employees, the amount provided in subsection (a) of
this Code section shall be increased by a percentage or an amount not to exceed
the average percentage or average amount of the general increase in salary
granted to the state employees. The Office of Planning and Budget shall
calculate the average percentage increase or average amount increase when
necessary. The periodic changes in the amount provided in subsection (a) of
this Code section, as authorized by this subsection, shall become effective on
the first day of January following the date that the cost-of-living increases or
general performance based increases received by state employees become
effective; provided, however, that if such increases received by state employees
become effective on January 1, such periodic changes in the amount provided in
subsection (a) of this Code section, as authorized by this subsection, shall
become effective on the same date that the cost-of-living increases or general
performance based increases received by state employees become
effective.
(c)
On and after January 1, 2002, the amounts provided in subsections (a) and (b) of
this Code section shall be increased by multiplying said amounts by the
percentage which equals 5 percent times the number of completed four-year terms
of office served by any probate judge serving as a chief magistrate or
magistrate where such terms have been completed after December 31, 1999,
effective the first day of January following the completion of each such period
of service."
SECTION
2-14.
Said
Title 15 is further amended by revising Code Section 15-10-23, relating to
minimum compensation, annual salary, increases, and supplements, as
follows:
"15-10-23.
(a)(1)
As used in this Code section, the term 'full-time capacity' means, in the case
of a chief magistrate, a chief magistrate who regularly exercises the powers of
a magistrate as set forth in Code Section 15-10-2 at least 40 hours per
workweek. In the case of all other magistrates, such term means a magistrate
who was appointed to a full-time magistrate position and who regularly exercises
the powers of a magistrate as set forth in Code Section 15-10-2 at least 40
hours per workweek.
(2)
Unless otherwise provided by local law, effective January 1, 2006, the chief
magistrate of each county who serves in a full-time capacity other than those
counties where the probate judge serves as chief magistrate shall receive a
minimum annual salary of the amount fixed in the following
schedule:
|
Population
|
Minimum
Salary
|
|
0 - 5,999 $ 29,832.20
|
|
|
6,000 - 11,889 40,967.92
|
|
|
11,890 - 19,999 46,408.38
|
|
|
20,000 - 28,999 49,721.70
|
|
|
29,000 - 38,999 53,035.03
|
|
|
39,000 - 49,999 56,352.46
|
|
|
50,000 - 74,999 63,164.60
|
|
|
75,000 - 99,999 67,800.09
|
|
|
100,000
- 149,999 72,434.13
|
|
|
150,000
- 199,999 77,344.56
|
|
|
200,000
- 249,999 84,458.82
|
|
|
250,000
- 299,999 91,682.66
|
|
|
300,000
- 399,999 101,207.60
|
|
|
400,000
- 499,999 105,316.72
|
|
|
500,000
or more 109,425.84
|
|
The
minimum salary for each affected chief magistrate shall be fixed from the table
in this subsection according to the population of the county in which the chief
magistrate serves as determined by the United States decennial census of 2000 or
any future such census; provided, however, that such annual salary shall be
recalculated in any year following a census year in which the Department of
Community Affairs publishes a census estimate for the county prior to July 1
that is higher than the immediately preceding decennial census. Notwithstanding
the provisions of this subsection, unless otherwise provided by local law,
effective January 1, 1996, in any county in which more than 70 percent of the
population according to the United States decennial census of 1990 or any future
such census resides on property of the United States government which is exempt
from taxation by this state, the population of the county for purposes of this
subsection shall be deemed to be the total population of the county minus the
population of the county which resides on property of the United States
government.
(3)
All other chief magistrates shall receive a minimum monthly salary equal to the
hourly rate that a full-time chief magistrate of the county would receive
according to paragraph (2) of this subsection multiplied by the number of actual
hours worked by the chief magistrate as certified by the chief magistrate to the
county governing authority.
(4)
Unless otherwise provided by local law, each magistrate who serves in a
full-time capacity other than the chief magistrate shall receive a minimum
monthly salary of $3,851.46 per month or 90 percent of the monthly salary that a
full-time chief magistrate would receive according to paragraph (2) of this
subsection, whichever is less.
(5)
All magistrates other than chief magistrates who serve in less than a full-time
capacity or on call shall receive a minimum monthly salary of the lesser of
$22.22 per hour for each hour worked as certified by the chief magistrate to the
county governing authority or 90 percent of the monthly salary that a full-time
chief magistrate would receive according to paragraph (2) of this subsection;
provided, however, that notwithstanding any other provisions of this subsection,
no magistrate who serves in less than a full-time capacity shall receive a
minimum monthly salary of less than $592.58 unless a magistrate waives such
minimum monthly salary in writing.
(6)
Magistrates shall be compensated solely on a salary basis and not in whole or in
part from fees. The salaries and supplements of all magistrates shall be paid
in equal monthly installments from county funds.
(b)
The amounts provided in subsection (a) of this Code section, as increased by the
supplement, if any, provided by subsection (d) of Code Section 15-10-105, shall
be increased by multiplying said amounts by the percentage which equals 5
percent times the number of completed four-year terms of office served by any
chief magistrate or magistrate where such terms have been completed after
December 31, 1995, effective the first day of January following the completion
of each such period of service.
(c)
On and
after July 1, 2006, whenever
Whenever
the
state
employees
in the
classified service of the State Personnel
Administration
subject to
compensation plans authorized and approved in accordance with Code Section
45-20-4 receive a cost-of-living increase
or general performance based increase of a certain percentage or a certain
amount, the amounts provided in subsection (a) of this Code section, as
increased by the supplement, if any, provided by subsection (d) of Code Section
15-10-105 and as increased by the application of longevity increases pursuant to
subsection (b) of this Code section, shall be increased by the same percentage
or same amount applicable to such state employees. If the cost-of-living
increase or general performance based increase received by state employees is in
different percentages or different amounts as to certain categories of
employees, the amounts provided in subsection (a) of this Code section, as
increased by the supplement, if any, provided by subsection (d) of Code Section
15-10-105 and as increased by the application of longevity increases pursuant to
subsection (b) of this Code section, shall be increased by a percentage or an
amount not to exceed the average percentage or average amount of the general
increase in salary granted to the state employees. The Office of Planning and
Budget shall calculate the average percentage increase or average amount
increase when necessary. The periodic changes in the amounts provided in
subsection (a) of this Code section, as increased by the supplement, if any,
provided by subsection (d) of Code Section 15-10-105 and as increased by the
application of longevity increases pursuant to subsection (b) of this Code
section, as authorized by this subsection, shall become effective on the first
day of January following the date that the cost-of-living increases or general
performance based increases received by state employees become effective;
provided, however, that if the cost-of-living increases received by state
employees become effective on January 1, such periodic changes in the amounts
provided in subsection (a) of this Code section, as increased by the supplement,
if any, provided by subsection (d) of Code Section 15-10-105 and as increased by
the application of longevity increases pursuant to subsection (b) of this Code
section, as authorized by this subsection, shall become effective on the same
date that the cost-of-living increases or general performance based increases
received by state employees become effective.
(d)
The county governing authority may supplement the minimum annual salary of the
chief or other magistrate in such amount as it may fix from time to time, but no
such magistrate's compensation or supplement shall be decreased during any term
of office. Nothing contained in this subsection shall prohibit the General
Assembly by local law from supplementing the annual salary of any
magistrates.
(e)
The General Assembly may by local law fix the compensation of any or all of a
county's magistrates. The chief magistrate or magistrate shall be entitled to
the greater of the compensation established by local law, including any
supplement by the county governing authority, or the minimum annual salary
stated in subsection (a) of this Code section but in no event to
both.
(f)
This Code section shall apply to any chief magistrate who is also serving as a
judge of a civil court which is provided for in Article VI, Section I, Paragraph
I of the Constitution of the State of Georgia of 1983. In such case, the salary
of such chief magistrate shall be as provided by the local governing authority
of the county.
(g)
The salaries and supplements of senior magistrates shall be paid from county
funds at a per diem rate equal to the daily rate that a full-time chief
magistrate of the county would receive under paragraph (2) of subsection (a) of
this Code section; provided, however, that the minimum annual and monthly
salaries provided for in this Code section shall not apply to senior
magistrates."
SECTION
2-15.
Said
Title 15 is further amended by revising Code Section 15-11-24.3, relating to
intake and probation services of juvenile courts, as follows:
"15-11-24.3.
(a)
As used in this Code section, the term:
(1)
'Department' means the Department of Juvenile Justice.
(2)
'Probation and intake employees' means any probation officer specified in Code
Section 15-11-24.1 and any personnel of a juvenile court to whom are delegated
the duties of an intake officer under this article, other than a juvenile court
judge, associate juvenile court judge, or court service worker.
(3)
'Probation and intake services' means those services provided by probation and
intake employees for the juvenile court of a county.
(b)
After June 30, 1992, the intake and probation services of the juvenile court of
each county may be transferred to and become a part of the state-wide juvenile
and intake services and fully funded through the department. The intake and
probation employees of juvenile courts of those counties whose intake and
probation services are transferred pursuant to this Code section shall become
employees of the department on the date of such transfer and on and after that
date such employees shall be subject to the salary schedules and other personnel
policies of the department, except that the salaries of such employees shall not
be reduced as a result of becoming employees of the department.
(c)
The intake and probation services of the juvenile court of a county may be
transferred to the department pursuant to this Code section by local Act of the
General Assembly which approves such transfer and becomes effective after June
30, 1992.
(d)
Persons who were probation and intake employees of the juvenile court of a
county on June 30, 1996, but who were transferred as probation and intake
employees to and became a part of the state-wide juvenile and intake services
system fully funded through the department before January 1, 1999, shall be
covered employees in the classified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2."
SECTION
2-16.
Said
Title 15 is further amended by revising Code Section 15-16-20, relating to
minimum annual salary, increase, and operating expenses, as
follows:
"15-16-20.
(a)(1)
Any other law to the contrary notwithstanding, the minimum annual salary of each
sheriff in this state shall be fixed according to the population of the county
in which he or she serves, as determined by the United States decennial census
of 2000 or any future such census; provided, however, that such annual salary
shall be recalculated in any year following a census year in which the
Department of Community Affairs publishes a census estimate for the county prior
to July 1 in such year that is higher than the immediately preceding decennial
census. Except as otherwise provided in paragraph (2) of this subsection, each
such sheriff shall receive an annual salary, payable in equal monthly
installments from the funds of the sheriff's county, of not less than the amount
fixed in the following schedule:
|
Population
|
Minimum
Salary
|
|
0 - 5,999 $ 42,045.88
|
|
|
6,000 - 11,889 46,917.92
|
|
|
11,890 - 19,999 53,880.12
|
|
|
20,000 - 28,999 59,328.83
|
|
|
29,000 - 38,999 64,776.16
|
|
|
39,000 - 49,999 70,227.59
|
|
|
50,000 - 74,999 75,674.90
|
|
|
75,000 - 99,999 78,247.21
|
|
|
100,000
- 149,999 80,819.51
|
|
|
150,000
- 199,999 83,695.91
|
|
|
200,000
- 249,999 86,572.30
|
|
|
250,000
- 299,999 94,759.02
|
|
|
300,000
- 399,999 105,822.14
|
|
|
400,000
- 499,999 109,931.24
|
|
|
500,000
or more 114,040.36
|
|
(2)
On and
after July 1, 2006, whenever
Whenever
the
state
employees
in the
classified service of the State Personnel
Administration
subject to
compensation plans authorized and approved in accordance with Code Section
45-20-4 receive a cost-of-living increase
or general performance based increase of a certain percentage or a certain
amount, the amounts fixed in the minimum salary schedule in paragraph (1) of
this subsection and in Code Section 15-16-20.1, or the amounts derived by
increasing each of said amounts through the application of longevity increases
pursuant to subsection (b) of this Code section, where applicable, shall be
increased by the same percentage or same amount applicable to such state
employees. If the cost-of-living increase or general performance based increase
received by state employees is in different percentages or different amounts as
to certain categories of employees, the amounts fixed in the minimum salary
schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or
the amounts derived through the application of longevity increases, shall be
increased by a percentage or an amount not to exceed the average percentage or
average amount of the general increase in salary granted to the state employees.
The Office of Planning and Budget shall calculate the average percentage
increase or average amount increase when necessary. The periodic changes in the
amounts fixed in the minimum salary schedule in paragraph (1) of this
subsection, and in Code Section 15-16-20.1, or the amounts derived through the
application of longevity increases, as authorized by this paragraph shall become
effective on the first day of January following the date that the cost-of-living
increases received by state employees become effective; provided, however, that
if the cost-of-living increases or general performance based increases received
by state employees become effective on January 1, such periodic changes in the
amounts fixed in the minimum salary schedule in paragraph (1) of this
subsection, and in Code Section 15-16-20.1, or the amounts derived through the
application of longevity increases, as authorized by this paragraph shall become
effective on the same date that the cost-of-living increases or general
performance based increases received by state employees become
effective.
(3)
The county governing authority may supplement the minimum annual salary of the
sheriff in such amount as it may fix from time to time; but no sheriff's
compensation supplement shall be decreased during any term of office. Any prior
expenditure of county funds to supplement the sheriff's salary in the manner
authorized by this paragraph is ratified and confirmed. Nothing contained in
this paragraph shall prohibit the General Assembly by local law from
supplementing the annual salary of the sheriff.
(b)
The amounts provided in paragraph (1) of subsection (a) of this Code section and
Code Section 15-16-20.1, as increased by paragraph (2) of subsection (a) of this
Code section, shall be increased by multiplying said amounts by the percentage
which equals 5 percent times the number of completed four-year terms of office
served by any sheriff after December 31, 1976, effective the first day of
January following the completion of each such period of service.
(c)
The minimum salaries provided for in this Code section shall be considered as
salary only. Expenses for deputies, equipment, supplies, copying equipment, and
other necessary and reasonable expenses for the operation of a sheriff's office
shall come from funds other than the funds specified as salary in this Code
section.
(d)
This Code section shall not be construed to reduce the salary of any sheriff in
office on July 1, 1991; provided, however, that successors to such sheriffs in
office on July 1, 1991, shall be governed by the provisions of this Code
section. All local legislation in effect on July 1, 1971, or enacted thereafter
affecting compensation for sheriffs of the various counties shall be of full
force and effect except where the same provides for a salary lower than provided
in this Code section, in which event this Code section shall
prevail.
(e)
In addition to any salary or fees now or hereafter provided by law, the
governing authority of each county is authorized to provide, as an operating
expense of the sheriff's office and payable from county funds, a monthly vehicle
allowance to the sheriff of that county when the sheriff's personally owned
vehicle is used in the carrying out of the duties of the sheriff's office. If a
vehicle allowance is so provided, it shall be in an amount determined by
agreement among the budget officer of the county, as provided in Chapter 81 of
Title 36, the county governing authority, and the sheriff."
SECTION
2-17.
Said
Title 15 is further amended by revising Code Section 15-18-19, relating to state
paid personnel, powers, policies relating to, authorized leave, and salary
schedules, as follows:
"15-18-19.
(a)
All state paid personnel employed by the district attorneys pursuant to this
article shall be employees of the judicial branch of state government in
accordance with Article VI, Section VIII of the Constitution of Georgia and
shall be in the unclassified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2.
(b)
Personnel employed by the district attorneys pursuant to this article shall have
such authority, duties, powers, and responsibilities as are authorized by law or
as assigned by the district attorney and shall serve at the pleasure of the
district attorney.
(c)
Subject to the provisions of this chapter, the Prosecuting Attorneys' Council of
the State of Georgia shall, with the advice and consent of a majority of the
district attorneys, adopt and amend uniform policies, rules, and regulations
which shall apply to all state paid personnel employed by the district
attorneys. Such policies, rules, and regulations may include provisions for the
appointment, classification, promotion, transfer, demotion, leave, travel,
records, reports, and training of personnel. Such policies, rules, and
regulations shall be consistent with the duties, responsibilities, and powers of
the district attorneys under the Constitution and laws of this state and the
rules of the trial and appellate courts. Not less than 30 days prior to taking
final action on any proposed policy, rule, or regulation adopted pursuant to
this Code section, or any amendment thereto, the council shall transmit a copy
of said policy, rule, regulation, or amendment to all district attorneys and the
presiding officers of the Judiciary Committee of the House of Representatives
and the Judiciary Committee of the Senate.
(d)
District attorneys and state paid personnel employed by the district attorney
shall be entitled to annual, sick, and other leave authorized by the policies,
rules, or regulations adopted by the council pursuant to subsection (a) of this
Code section. Subject to the provisions of Code Section 47-2-91, district
attorneys who are members of either the District Attorneys' Retirement System or
the Employees' Retirement System of Georgia shall also be entitled to receive
creditable service for any forfeited annual or sick leave.
(e)(1)
The council shall establish salary schedules for each such state paid position
authorized by this article or any other provision of law. Said salary schedules
shall be similar to the general and special schedules
adopted
by
applicable to
state employees pursuant to the rules of
the State Personnel
Administration
Board
and shall provide for a minimum entry step and not less than ten additional
steps, not to exceed the maximum allowable salary. In establishing the salary
schedule, all amounts will be rounded off to the nearest whole dollar. The
council may, from time to time, revise the salary schedule to include
across-the-board increases which the General Assembly may from time to time
authorize in the General Appropriations Act.
(2)
The district attorney shall fix the compensation of each state paid employee
appointed pursuant to this article in accordance with the class to which such
person is appointed and the appropriate step of the salary
schedule.
(3)
All salary advancements shall be based on quality of work, training, and
performance. The salary of state paid personnel appointed pursuant to this
article may be advanced one step at the first of the calendar month following
the annual anniversary of such person's appointment. No employee's salary shall
be advanced beyond the maximum established in the applicable pay
schedule.
(4)
Any reduction in salary shall be made in accordance with the salary schedule for
such position and the policies, rules, or regulations adopted by the
council.
(5)
The compensation of state paid personnel appointed pursuant to this article
shall be paid in equal installments by the Prosecuting Attorneys' Council of the
State of Georgia as provided by this subsection from funds appropriated for such
purpose. The council may authorize employees compensated pursuant to this Code
section to participate in voluntary salary deductions as provided by Article 3
of Chapter 7 of Title 45.
(6)
The governing authority of the county or counties comprising a judicial circuit
may supplement the salary or fringe benefits of any state paid position
appointed pursuant to this article.
(7)
The governing authority of any municipality within the judicial circuit may,
with the approval of the district attorney, supplement the salary or fringe
benefits of any state paid position appointed pursuant to this
article."
SECTION
2-18.
Title
17 of the Official Code of Georgia Annotated, relating to criminal procedure, is
amended by revising Code Section 17-12-25, relating to salary of public defender
and private practice prohibited, as follows:
"17-12-25.
(a)
Each circuit public defender shall receive an annual salary of $87,593.58, and
cost-of-living adjustments may be given by the General Assembly in the General
Appropriations Act by a percentage not to exceed the average percentage of the
general increase in salary as may from time to time be granted to employees of
the executive, judicial, and legislative branches of government; provided,
however, that any increase for such circuit public defender shall not include
within-grade step increases for which classified employees
of the
State Personnel Administration
as defined by
Code Section 45-20-2 are eligible. Any
increase granted pursuant to this subsection shall become effective at the same
time that funds are made available for the increase for such employees. The
Office of Planning and Budget shall calculate the average percentage
increase.
(b)
The county or counties comprising the judicial circuit may supplement the salary
of the circuit public defender in an amount as is or may be authorized by local
Act or in an amount as may be determined by the governing authority of the
county or counties, whichever is greater.
(c)
No circuit public defender shall engage in the private practice of law for
profit or serve concurrently in any judicial office."
SECTION
2-19.
Said
Title 17 is further amended by revising Code Section 17-12-27, relating to
appointment of assistant public defenders, salary, and promotions, as
follows:
"17-12-27.
(a)
Subject to the provisions of this Code section, the circuit public defender in
each judicial circuit is authorized to appoint:
(1)
One assistant public defender for each superior court judge authorized for the
circuit, excluding the chief judge and senior judges; and
(2)
Subject to funds being appropriated by the General Assembly or otherwise
available, additional assistant public defenders as may be authorized by the
council. In authorizing additional assistant public defenders, the council
shall consider the caseload, present staff, and resources available to each
circuit public defender and shall make authorizations as will contribute to the
efficiency of individual circuit public defenders and the effectiveness of
providing adequate legal defense for indigent defendants.
(b)
Each assistant public defender appointed pursuant to subsection (a) of this Code
section shall be classified based on education, training, and experience. The
jobs of assistant public defenders and the minimum qualifications required for
appointment or promotion to each job shall be established by the council based
on education, training, and experience and in accordance with the provisions of
Code Sections 17-12-30 and 17-12-34.
(c)
Each assistant public defender appointed pursuant to this Code section shall be
compensated based on a salary range established in accordance with subsection
(c) of Code Section 17-12-30. The salary range for each job established in
accordance with subsection (b) of this Code section shall be as
follows:
(1)
Assistant public defender I. Not less than $38,124.00 nor more than 65 percent
of the compensation of the circuit public defender;
(2)
Assistant public defender II. Not less than $40,884.00 nor more than 70 percent
of the compensation of the circuit public defender;
(3)
Assistant public defender III. Not less than $45,108.00 nor more than 80 percent
of the compensation of the circuit public defender; and
(4)
Assistant public defender IV. Not less than $52,176.00 nor more than 90 percent
of the compensation of the circuit public defender.
(d)
All personnel actions involving attorneys appointed pursuant to this Code
section shall be made by the circuit public defender in writing in accordance
with the provisions of Code Section 17-12-30.
(e)(1)
All salary advancements shall be based on quality of work, education, and
performance.
(2)
The salary of an assistant public defender appointed pursuant to this Code
section may be increased at the first of the calendar month following the
anniversary of his or her appointment.
(3)
The salary of any assistant public defender who, subsequent to his or her
appointment pursuant to this Code section, is awarded an LL.M. or S.J.D. degree
by a law school recognized by the State Bar of Georgia from which a graduate of
or student enrolled therein is permitted to take the bar examination or by a law
school accredited by the American Bar Association or the Association of American
Law Schools may be increased effective on the first day of the calendar month
following the award of the degree, provided that such advancement does not
exceed the maximum of the salary range applicable to the attorney's job
classification.
(f)
Any assistant public defender appointed pursuant to this Code section may be
promoted to the next highest job at any time the attorney meets the minimum
qualifications for such job, but in order to be eligible for promotion, the
attorney shall have served not less than 12 months in the job from which the
attorney is to be promoted. When an assistant public defender is promoted to
the next highest job, the assistant public defender shall enter the higher job
at an annual salary greater than the annual salary the assistant public defender
was receiving immediately prior to the promotion.
(g)
All full-time state paid employees of the office of the circuit public defender
shall be state employees in the unclassified service
of the
State Personnel Administration
as defined by
Chapter of Title 45 with all benefits of
such appointed state employees as provided by law. A circuit public defender,
assistant public defender, or local public defender may be issued an employee
identification card by his or her employing agency; provided, however,
that
no employer of any such public defender shall issue nor shall any public
defender display, wear, or carry any badge, shield, card, or other item that is
similar to a law enforcement officer's badge or that could be reasonably
construed to indicate that the public defender is a peace officer or law
enforcement official.
(h)
Notwithstanding the provisions of subsection (g) of this Code section, an
employee of a local public defender office who was an employee of the office on
June 30, 2004, and who becomes a circuit public defender or an employee of a
circuit public defender office before July 1, 2005, may elect, with the consent
of the former employer and the consent of the council, to remain an employee of
the entity for which the employee worked as a local public defender; and such
entity shall be his or her employer for all purposes, including, without
limitation, compensation and employee benefits. The right to make an election
pursuant to this subsection shall expire on July 1, 2005. The council shall
reimburse the appropriate entity for compensation, benefits, and employer
contributions under the federal Social Security Act, but the total payment from
the council to the entity on behalf of the employee shall not exceed the amount
otherwise payable to or for the employee under the circumstance where the
employee had become a state employee."
SECTION
2-20.
Said
Title 17 is further amended by revising Code Section 17-12-30, relating to
classification of personnel, responsibilities, compensation, and local
supplements, as follows:
"17-12-30.
(a)
All state paid personnel employed by the circuit public defenders pursuant to
this article shall be employees of the executive branch of state government and
shall be in the unclassified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2.
(b)
Personnel employed by the circuit public defenders pursuant to this article
shall have the authority, duties, powers, and responsibilities as are authorized
by law or as assigned by the circuit public defender and shall serve at the
pleasure of the circuit public defender.
(c)(1)
The council shall establish salary ranges for each state paid position
authorized by this article or any other provision of law. Salary ranges shall
be similar to the state-wide and senior executive ranges adopted
by
pursuant to
the rules of the State Personnel
Administration
Board
and shall provide for minimum, midpoint, and maximum salaries not to exceed the
maximum allowable salary. In establishing the salary ranges, all amounts will
be rounded off to the nearest whole dollar. The council may, from time to time,
revise the salary ranges to include across-the-board increases which the General
Assembly may from time to time authorize in the General Appropriations
Act.
(2)
The circuit public defender shall fix the compensation of each state paid
employee appointed pursuant to this article in accordance with the job to which
the person is appointed and the appropriate salary range.
(3)
All salary advancements shall be based on quality of work, training, and
performance. The salary of state paid personnel appointed pursuant to this
article may be increased at the first of the calendar month following the annual
anniversary of the person's appointment. No employee's salary shall be advanced
beyond the maximum established in the applicable pay range.
(4)
Any reduction in salary shall be made in accordance with the salary range for
the position and the policies adopted by the council.
(5)
The compensation of state paid personnel appointed pursuant to this article
shall be paid in equal installments by the council as provided by this
subsection from funds appropriated for such purpose. The council may authorize
employees compensated pursuant to this Code section to participate in voluntary
salary deductions as provided by Article 3 of Chapter 7 of Title
45.
(6)
The governing authority of the county or counties comprising a judicial circuit
may supplement the salary or fringe benefits of any state paid position
appointed pursuant to this article.
(7)
The governing authority of any municipality within the judicial circuit may,
with the approval of the circuit public defender, supplement the salary or
fringe benefits of any state paid position appointed pursuant to this
article."
SECTION
2-21.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by revising Code Section 20-1A-3, relating to director and board of early care
and learning, duties and powers, salary, personnel, and rules and regulations,
as follows:
"20-1A-3.
(a)
There is created a Board of Early Care and Learning and a commissioner of early
care and learning.
(b)
The board shall consist of one member from each congressional district appointed
by the Governor. In as far as it is practical, the members of the board shall
be representative of all areas and functions encompassed within the early
childhood care and education community. In appointing members to their initial
terms, the Governor shall designate five members for two-year terms, four
members for three-year terms, and four members for five-year terms. Subsequent
appointments shall be for five-year terms. Members shall serve until their
successors are appointed. In the event of a vacancy on the board for any reason
other than expiration of a term, the Governor shall appoint a person from the
same congressional district to fill the vacancy for the unexpired
term.
(c)
The board shall elect from its members a chairperson and such other officers as
the board considers necessary. The board shall adopt bylaws for the conduct of
its activities. The members of the board shall receive per diem and expense
reimbursement as shall be determined and approved by the Office of Planning and
Budget in conformity with rates and allowances determined for members of other
state boards.
(d)
The board shall determine policies and promulgate rules and regulations for the
operation of the department including:
(1)
Functions formerly performed by the Office of School Readiness, including, but
not limited to, Even Start;
(2)
Functions transferred to the department from the Department of Human Resources
(now known as the Department of Human Services) relating to day-care centers,
group day-care homes, family day-care homes, and other functions as agreed upon
by the department and the Department of Human Resources (now known as the
Department of Human Services) in accordance with Code Section
20-1A-8;
(3)
Functions transferred to the department from the Georgia Child Care Council
pursuant to Code Section 20-1A-63; and
(4)
Functions relating to early childhood education programs transferred from the
Department of Education by agreement in accordance with Code Section
20-1A-17.
(e)
The board shall oversee the budget of the department and shall submit an annual
request for funding to the Office of Planning and Budget in accordance with Code
Section 45-12-78.
(f)
The commissioner shall be the chief administrative and executive officer of the
department. The commissioner shall be appointed by and serve at the pleasure of
the Governor. The commissioner shall be in the unclassified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2 and shall receive a
salary to be determined by the Governor.
(g)
The commissioner shall have the authority to employ all personnel of the
department, subject to the provisions of this chapter, all applicable provisions
of other laws governing public employment, and the policies, procedures, rules,
and regulations of the board."
SECTION
2-22.
Said
Title 20 is further amended by revising Code Section 20-1A-8, relating to
transfer of functions, powers, personnel, equipment, and assets to department,
and funding, as follows:
"20-1A-8.
(a)
Effective October 1, 2004, the department shall carry out all of the functions
and exercise all of the powers formerly held by the Department of Human
Resources (now known as the Department of Human Services) for the regulation and
licensure of early care and education programs and any other functions as agreed
upon by the department and the Department of Human Resources. Subject to
subsection (c) of this Code section, all persons employed by and positions
authorized for the Department of Human Resources to perform functions relating
to the licensure and certification of early care and education programs and any
other functions as agreed upon by the department and the Department of Human
Resources on September 30, 2004, shall on October 1, 2004, be transferred to the
department. All office equipment, furniture, and other assets in possession of
the Department of Human Resources which are used or held exclusively or
principally by personnel transferred under this subsection shall be transferred
to the department on October 1, 2004.
(b)
Effective October 1, 2004, notwithstanding the advisory functions of the Georgia
Child Care Council included in Code Section 20-1A-63, the department shall carry
out the functions and exercise the powers formerly held by the Georgia Child
Care Council under former Article 11 of Chapter 5 of Title 49. Subject to
subsection (c) of this Code section, all persons employed by and positions
authorized for the Georgia Child Care Council to perform functions relating to
the recommendation of measures to improve the quality, availability, and
affordability of child care in this state on September 30, 2004, shall on
October 1, 2004, be transferred to the department. All office equipment,
furniture, and other assets in possession of the Georgia Child Care Council or
the Department of Human Resources, (now known as the Department of Human
Services) which are used or held exclusively or principally by personnel
transferred under this subsection shall be transferred to the department on
October 1, 2004.
(c)
All transfers of employees and assets provided for in subsections (a) and (b) of
this Code section shall be subject to the approval of the commissioner, and such
personnel or assets shall not be transferred if the commissioner determines that
a specific employee or asset should remain with the transferring
agency.
(d)
Employees of the department shall serve in the unclassified service
of the
State Personnel Administration as defined
by Code Section
45-20-6
45-20-2.
Persons who have transferred to the department pursuant to subsections (a) and
(b) of this Code section who are in the classified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2 at the time of the
transfer may elect to remain in such classified service and be governed by the
provisions thereof; provided, however, that if any such person accepts a
promotion or transfers to another position, that person shall become an employee
in the unclassified service.
(e)
All rights, credits, and funds in the Employees' Retirement System of Georgia
created in Chapter 2 of Title 47 which are possessed by state personnel
transferred by provisions of this Code section to the department, or otherwise
held by persons at the time of employment with the department, are continued and
preserved, it being the intention of the General Assembly that such persons
shall not lose any rights, credits, or funds to which they may be entitled prior
to becoming employees of the department. No employment benefit of any employee
transferring to the department shall be impaired.
(f)
Funding for functions and positions transferred to the department under this
Code section shall be transferred as provided in Code Section
45-12-90."
SECTION
2-23.
Said
Title 20 is further amended by revising Code Section 20-2-302, relating to funds
for operation of schools for deaf and blind persons, as follows:
"20-2-302.
(a)
The State Board of Education shall annually determine the amount of funds needed
for operation of the state schools for the deaf and blind. Such funds
appropriated by the General Assembly shall be made available for the operation
of these schools under rules and regulations prescribed by the state
board.
(b)
Employees of the state schools for the deaf and blind governed by the State
Board of Education shall serve in the unclassified service
of the
State Personnel Administration as defined
by Code Section
45-20-6
45-20-2,
provided that employees who serve in the classified service
of the
State Personnel Administration as defined
by Code Section
45-20-6
45-20-2
may elect to remain in the classified service and be governed by the provisions
thereof; provided, further, that such employees who choose to be promoted to
unclassified positions or who request to transfer to different positions or
locations shall become members of the unclassified service.
(c)
The State Board of Education may delegate to the State School Superintendent the
authority to employ and dismiss employees at the state schools for the deaf and
blind."
SECTION
2-24.
Said
Title 20 is further amended by revising Code Section 20-3-39, relating to
reassignment of responsibilities for operation and management of public
libraries, employees, transfer of funding, and rules and regulations, as
follows:
"20-3-39.
(a)
Effective July 1, 2000, the board of regents shall carry out all the functions
and exercise all of the powers formerly held by the Department of Technical and
Adult Education, now known as the Technical College System of Georgia, for the
operation and management of public library services and public libraries.
Subject to subsection (b) of this Code section, all persons employed by and
positions authorized for the Department of Technical and Adult Education, now
known as the Technical College System of Georgia, to perform these functions on
June 30, 2000, shall, on July 1, 2000, be transferred to the board of regents.
All office equipment, furniture, and other assets in possession of the
Department of Technical and Adult Education, now known as the Technical College
System of Georgia, which are used or held exclusively or principally by
personnel transferred under this subsection shall be transferred to the board of
regents on July 1, 2000.
(b)
All transfers of employees and assets provided for in subsection (a) of this
Code section shall be subject to the approval of the board of regents, and such
personnel or assets shall not be transferred if the board of regents determines
that a specific employee or asset should remain with the transferring
agency.
(c)
Employees who are transferred to the board of regents pursuant to this Code
section shall be subject to the employment practices and policies of the board
on and after July 1, 2000, but the compensation and benefits of such transferred
employees shall not be reduced as a result of such transfer. Employees who are
subject to the rules of the State Personnel Board
and thereby
under the State Personnel Administration
and who are transferred to the board of regents shall retain all existing rights
under the
State Personnel Administration
such
rules. Retirement rights of such
transferred employees existing under the Employees' Retirement System of Georgia
or other public retirement systems on June 30, 2000, shall not be impaired or
interrupted by the transfer of such employees and membership in any such
retirement system shall continue in the same status possessed by the transferred
employees on June 30, 2000. Accrued annual and sick leave possessed by said
employees on June 30, 2000, shall be retained by said employees as employees of
the board.
(d)
Funding for functions and positions transferred to the board of regents under
this Code section shall be transferred as provided in Code Section
45-12-90.
(e)
The board of regents shall succeed to all rules, regulations, policies,
procedures, and administrative orders of the Department of Technical and Adult
Education, now known as the Technical College System of Georgia, where
applicable, which are in effect on June 30, 2000, and which relate to the
functions transferred to the board. Such rules, regulations, policies, and
procedures shall remain in effect until amended, repealed, superseded, or
nullified by the board of regents."
SECTION
2-25.
Said
Title 20 is further amended by revising Code Section 20-3-250.24, relating to
compensation and benefits of commission employees, as follows:
"20-3-250.24.
(a)
All employees of the commission shall be subject to and covered by Article 1 of
Chapter 20 of Title 45, but the position of executive director and such other
employee positions as may be determined by the commission to be exempt from the
classified service pursuant to that article shall be exempt unclassified
positions, and the commission shall determine and fix the salary and other
compensation and benefits to be paid or provided to the employees occupying
those positions. All full-time employees of the commission shall be members of
the Employees' Retirement System of Georgia, except for members of the Teachers
Retirement System of Georgia who, without any break in service, become full-time
employees of the commission. Such employees shall continue as members of the
Teachers Retirement System of Georgia.
(b)
Those positions and employees of the Department of Education which are assigned
the sole responsibility for management, professional, and clerical services to
nonpublic postsecondary schools and proprietary schools programs are transferred
to the commission. All such employees transferred to the commission shall
retain all existing rights under the
rules of
the State Personnel
Administration
Board,
the Employees' Retirement System of Georgia, and the Teachers Retirement System
of Georgia."
SECTION
2-26.
Said
Title 20 is further amended by revising Code Section 20-3-329, relating to
employees of commission transferred to authority, status of authority employees
hired after July 1, 1996, status of transferred employees, and benefits of
transferred employees not impaired, as follows:
"20-3-329.
(a)
All employees of the commission shall, on July 1, 1996, become employees of the
authority, subject to the operating needs of the authority. Any employees of
the commission whom the director gives the opportunity to elect to be
transferred to the authority on July 1, 1996, shall be subject to the operating
needs of the authority.
(b)
Except for persons who transfer to the authority pursuant to subsection (a) of
this Code section, no person who becomes an employee of the authority on or
after July 1, 1996, shall be considered a state
employee,
or subject
to the State Personnel Administration under Chapter 20 of Title 45.
No
no
such person shall be considered an 'employee' within the meaning of Chapter 2 of
Title 47, and no such person shall be entitled to membership in the Employees'
Retirement System of Georgia.
(c)
All persons who transfer to the authority pursuant to subsection (a) of this
Code section and who, immediately prior to such transfer, are state employees in
the unclassified
service of
the State Personnel Administration as
defined in Code Section 45-20-2 shall remain in the unclassified service
of the
State Personnel Administration. All such
persons who, immediately prior to the transfer, are state employees in the
classified service
of the
State Personnel Administration as defined
in Code Section 45-20-2 may elect to remain in the classified service
and be
governed by the relevant provisions of the State Personnel
Administration; provided, however, that if
any such person accepts a promotion or transfer to another position, he or she
shall become an employee in the unclassified service
for
purposes of benefits administered pursuant to the State Personnel
Administration
as defined by
Code Section 45-20-2.
(d)
The rights and benefits in the Employees' Retirement System of Georgia and any
employee benefits of any employee transferring to the authority pursuant to
subsection (a) of this Code section shall not be impaired."
SECTION
2-27.
Said
Title 20 is further amended by revising Code Section 20-4-12, relating to
expenses and mileage allowance, as follows:
"20-4-12.
The
members of the State Board of the Technical College System of Georgia who are in
state employment shall serve without compensation but, subject to fund
availability, shall be reimbursed by the state department in which employed for
all necessary expenses that may be incurred in the performance of their duties
under this article in accordance with state travel regulations promulgated by
the State Accounting Office in the same manner that
state
employees
of the
State Personnel Administration are
reimbursed. For those State Board of the Technical College System of Georgia
members who are not in state employment, the expense and mileage allowance shall
be the same as that authorized for the General Assembly and shall be payable,
subject to fund availability, by the State Board of the Technical College System
of Georgia."
SECTION
2-28.
Said
Title 20 is further amended by revising Code Section 20-4-17, relating to
agencies to receive federal funds and transfer of personnel to Department of
Technical and Adult Education, now known as Technical College System of Georgia,
as follows:
"20-4-17.
(a)
The Department of Education is designated as the sole state agency to receive
federal funds allotted to Georgia under acts of Congress appropriating federal
funds for career, occupational, or technical education; provided, however,
that
those funds appropriated for the operation and management of postsecondary
technical, adult, and industrial programs shall be placed under the jurisdiction
and control of the Department of Technical and Adult Education, now known as the
Technical College System of Georgia; provided, further, a proportionate share of
those federal funds appropriated for planning, evaluation, program improvement,
and other administrative and discretionary purposes shall be placed under the
jurisdiction and control of such board. Those personnel positions authorized
for fiscal year 1986 for the operation and management of postsecondary technical
schools and adult centers, as well as a proportionate share of those positions
authorized for fiscal year 1986 for planning, evaluation, program improvement,
and other administrative and discretionary purposes, shall be transferred to the
Technical College System of Georgia. Such employees shall retain all existing
rights under the Employees' Retirement System of Georgia, the Teachers
Retirement System of Georgia, and the
rules of
the State Personnel
Administration
Board.
(b)
The Department of Technical and Adult Education, now known as the Technical
College System of Georgia, is designated as the sole state agency to receive
federal funds allotted to Georgia under acts of Congress appropriating federal
funds for adult literacy education programs. Those personnel positions
authorized for fiscal year 1988 solely for the management, coordination,
planning, evaluation, administration, and program improvement of adult literacy
education programs, and associated office equipment and furniture, shall be
transferred to the Department of Technical and Adult Education, now known as the
Technical College System of Georgia. All officials and employees in such
positions are also transferred to the Department of Technical and Adult
Education, now known as the Technical College System of Georgia, and shall
retain all existing rights under the Employees' Retirement System of Georgia,
the Teachers Retirement System of Georgia, and the
rules of
the State Personnel
Administration
Board."
SECTION
2-29.
Said
Title 20 is further amended by revising Code Section 20-4-27, relating to
service in State Personnel Administration, as follows:
"20-4-27.
Employees
of postsecondary technical schools governed by the Technical College System of
Georgia shall serve in the unclassified service
of the
State Personnel Administration as defined
by Code Section
45-20-6
45-20-2,
provided that employees who serve in the classified service
of the
State Personnel Administration as defined
by Code Section
45-20-6
45-20-2
may elect to remain in the classified service, and be governed by the provisions
thereof; provided, further, that such employees who choose to be promoted to
unclassified positions or who request to transfer to different positions or
locations shall become members of the unclassified service."
SECTION
2-30.
Said
Title 20 is further amended by revising Code Section 20-4-30, relating to
compensation of classified employees electing to become unclassified, as
follows:
"20-4-30.
Employees
in the classified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2 who are employed by
postsecondary technical schools governed by the system who elect to become
members of the unclassified service shall have their compensation established in
conformity with state board policy in accordance with the state board
compensation plan in effect at the time of such election."
SECTION
2-31.
Title
21 of the Official Code of Georgia Annotated, relating to elections, is amended
by revising Code Section 21-5-30.2, relating to contributions by public
agencies, as follows:
"21-5-30.2.
(a)
Except as otherwise provided in this subsection, the definitions set forth in
Code Section 21-5-3 shall be applicable to the provisions of this Code section.
As used in this Code section, the term:
(1)
'Agency' means:
(A)
Every state department, agency, board, bureau, commission, and
authority;
(B)
Every county, municipal corporation, school district, or other political
subdivision of this state;
(C)
Every department, agency, board, bureau, commission, authority, or similar body
of each such county, municipal corporation, or other political subdivision of
this state; and
(D)
Every city, county, regional, or other authority established pursuant to the
laws of this state.
(2)
'Contribution' means a gift, subscription, membership, loan, forgiveness of
debt, advance or deposit of money, or anything of value conveyed or transferred
by or on behalf of an agency, without receipt of payment therefor, to any
campaign committee, political action committee, or political organization or to
any candidate for campaign purposes.
(3)
'Elector' means any person who shall possess all of the qualifications for
voting now or hereafter prescribed by the laws of this state and who shall have
registered in accordance with Chapter 2 of this title.
(4)
'Political action committee' means any committee, club, association,
partnership, corporation, labor union, or other group of persons which receives
donations aggregating in excess of $1,000.00 during a calendar year from persons
who are members or supporters of the committee and which distributes these funds
as contributions to one or more campaign committees of candidates for public
office. Such term does not mean a campaign committee.
(5)
'Political organization' means an affiliation of electors organized for the
purpose of influencing or controlling the policies and conduct of government
through the nomination of candidates for public office and, if possible, the
election of its candidates to public office.
(6)
'Public meeting place' means any county, municipal, or other public building
suitable and ordinarily used for public gatherings.
(b)
No agency and no person acting on behalf of an agency shall make, directly or
indirectly, any contribution to any campaign committee, political action
committee, or political organization or to any candidate; but nothing in this
Code section shall prohibit the furnishing of office space, facilities,
equipment, goods, or services to a public officer for use by the public officer
in such officer's fulfillment of such office.
(c)
No campaign committee, political action committee, or political organization or
candidate shall accept a contribution in violation of subsection (b) of this
Code section.
(d)
Nothing contained in this Code section shall be construed to:
(1)
Affect the authority of the State Personnel Board regarding the regulation of
certain political activities of public employees in the classified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2;
(2)
Affect the authority of any agency regarding the regulation of the political
activities of such agency's employees;
(3)
Affect the use of the capitol building and grounds as specified in Code Section
50-16-4; or
(4)
Prohibit the use of public meeting places by political organizations when such
meeting places are made available to different political organizations on an
equal basis; provided, however,
that
this paragraph shall not be construed to create a right for a political
organization to use a public meeting place."
SECTION
2-32.
Title
27 of the Official Code of Georgia Annotated, relating to game and fish, is
amended by revising Code Section 27-1-16, relating to conservation officers,
qualifications, appointment, supervisory personnel, and retention of badge and
weapon upon disability retirement, as follows:
"27-1-16.
(a)
Within the department is established a unit of peace officers to be known as
conservation rangers. All such conservation rangers shall be at least 21 years
of age. Such unit of peace officers shall include, but not be limited to, the
commissioner and other supervisory personnel; provided, however, that the
commissioner and the director of the division to which peace officer functions
are assigned shall be excluded from the classified service
under the
State Personnel Administration as provided for in Chapter 20 of Title
45
as defined by
Code Section 45-20-2 unless otherwise
provided by law. The commissioner shall have the power to appoint such a number
of conservation rangers of the state at large, as may be necessary to carry out
the duties assigned to them, who shall be charged with the law enforcement
responsibilities pertaining to the department.
(b)
After a conservation ranger has accumulated 25 years of service with the
department as a peace officer and upon leaving such department under honorable
conditions, such conservation ranger shall be entitled as part of
his
such
officer's compensation to retain his
or
her weapon and badge pursuant to
regulations promulgated by the commissioner.
(c)
As used in this subsection, the term 'disability' means a disability that
prevents an individual from working as a law enforcement officer. When a
conservation ranger leaves the department as a result of a disability arising in
the line of duty, such conservation ranger shall be entitled as part of such
officer's compensation to retain his or her weapon and badge in accordance with
regulations promulgated by the commissioner."
SECTION
2-33.
Title
31 of the Official Code of Georgia Annotated, relating to health, is amended by
revising Code Section 31-2-5, relating to transfer of personnel and functions,
conforming to federal standards of personnel administration, existing
procedures, regulations, agreements, and rules adoption and implementation, as
follows:
"31-2-5.
(a)
All persons employed in a predecessor agency or unit on June 30, 2009, shall, on
July 1, 2009, become employees of the department. Such employees shall be
subject to the employment practices and policies of the department on and after
July 1, 2009, but the compensation and benefits of such transferred employees
shall not be reduced as a result of such transfer. Employees who are subject to
the rules of the State Personnel Board
and thereby
under the State Personnel Administration
and who are transferred to the department shall retain all existing rights under
the State
Personnel Administration
such
rules. Retirement rights of such
transferred employees existing under the Employees' Retirement System of Georgia
or other public retirement systems on June 30, 2009, shall not be impaired or
interrupted by the transfer of such employees and membership in any such
retirement system shall continue in the same status possessed by the transferred
employees on June 30, 2009. Accrued annual and sick leave possessed by said
employees on June 30, 2009, shall be retained by said employees as employees of
the department.
(b)(1)
The department shall conform to federal standards for a merit system of
personnel administration in any respects necessary for receiving federal grants,
and the board is authorized and empowered to effect such changes as may, from
time to time, be necessary in order to comply with such standards.
(2)
The department is authorized to employ, on a full-time or part-time basis, such
medical, supervisory, institutional, and other professional personnel and such
clerical and other employees as may be necessary to discharge the duties of the
department under this chapter. The department is also authorized to contract
for such professional services as may be necessary.
(3)
Classified employees of the department under this chapter shall in all instances
be employed and dismissed in accordance with rules of the State Personnel
Board.
(4)
All personnel of the department are authorized to be members of the Employees'
Retirement System of Georgia as provided in Chapter 2 of Title 47. All rights,
credits, and funds in that retirement system which are possessed by state
personnel transferred by provisions of this chapter to the department, or
otherwise had by persons at the time of employment with the department, are
continued and preserved, it being the intention of the General Assembly that
such persons shall not lose any rights, credits, or funds to which they may be
entitled prior to becoming employees of the department.
(c)
The department shall succeed to all rules, regulations, policies, procedures,
and administrative orders of the predecessor agency or unit which were in effect
on June 30, 2009, or scheduled to go into effect on or after July 1, 2009, and
which relate to the functions transferred to the department by this chapter.
Such rules, regulations, policies, procedures, and administrative orders shall
remain in effect until amended, repealed, superseded, or nullified by proper
authority or as otherwise provided by law. Rules of the department shall be
adopted, promulgated, and implemented as provided in Chapter 13 of Title 50, the
'Georgia Administrative Procedure Act,' except that only rules promulgated
pursuant to Chapter 6 of this title shall be subject to the provisions of Code
Section 31-6-21.1.
(d)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2009, by
any predecessor agency or unit and which pertain to the functions transferred to
the department by this chapter shall continue to exist; and none of these
rights, privileges, entitlements, and duties are impaired or diminished by
reason of the transfer of the functions to the department. In all such
instances, the Department of Community Health shall be substituted for the
predecessor agency or unit, and the Department of Community Health shall succeed
to the rights and duties under such contracts, leases, agreements, and other
transactions.
(e)
On July 1, 2009, the department shall receive custody of the state owned real
property in the custody of the predecessor agency or unit on June 30, 2009, and
which pertains to the functions transferred to the department by this
chapter."
SECTION
2-34.
Said
Title 31 is further amended by revising Code Section 31-2A-3, relating to
Department of Public Health successor to certain rules, regulations, policies,
procedures, administrative orders, rights, interests, and obligations of
Department of Community Health, as follows:
"31-2A-3.
(a)
The Department of Public Health shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the Department of Community
Health that are in effect on June 30, 2011, or scheduled to go into effect on or
after July 1, 2011, and which relate to the functions transferred to the
Department of Public Health pursuant to Code Section 31-2A-2 and shall further
succeed to any rights, privileges, entitlements, obligations, and duties of the
Department of Community Health that are in effect on June 30, 2011, which relate
to the functions transferred to the Department of Public Health pursuant to Code
Section 31-2A-2. Such rules, regulations, policies, procedures, and
administrative orders shall remain in effect until amended, repealed,
superseded, or nullified by the Department of Public Health by proper authority
or as otherwise provided by law.
(b)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions as identified by the Office of
Planning and Budget entered into before July 1, 2011, by the Department of
Community Health which relate to the functions transferred to the Department of
Public Health pursuant to Code Section 31-2A-2 shall continue to exist; and none
of these rights, privileges, entitlements, and duties are impaired or diminished
by reason of the transfer of the functions to the Department of Public Health.
In all such instances, the Department of Public Health shall be substituted for
the Department of Community Health, and the Department of Public Health shall
succeed to the rights and duties under such contracts, leases, agreements, and
other transactions.
(c)
All persons employed by the Department of Community Health in capacities which
relate to the functions transferred to the Department of Public Health pursuant
to Code Section 31-2A-2 on June 30, 2011, shall, on July 1, 2011, become
employees of the Department of Public Health in similar capacities, as
determined by the commissioner of public health. Such employees shall be
subject to the employment practices and policies of the Department of Public
Health on and after July 1, 2011, but the compensation and benefits of such
transferred employees shall not be reduced as a result of such transfer.
Employees who are subject to the rules of the State Personnel Board
and thereby
under the State Personnel Administration
and who are transferred to the department shall retain all existing rights under
the State
Personnel Administration
such
rules. Accrued annual and sick leave
possessed by the transferred employees on June 30, 2011, shall be retained by
such employees as employees of the Department of Public Health.
(d)
On July 1, 2011, the Department of Public Health shall receive custody of the
state owned real property in the custody of the Department of Community Health
on June 30, 2011, and which pertains to the functions transferred to the
Department of Public Health pursuant to Code Section 31-2A-2."
SECTION
2-35.
Said
Title 31 is further amended by revising Code Section 31-3-11, relating to
appointments of director and staff and supervision, as follows:
"31-3-11.
(a)
The county board of health shall appoint as its chief executive officer a
director who shall be a physician licensed to practice medicine under Chapter 34
of Title 43 and who otherwise meets the requirements of the
rules of
the State Personnel
Administration
Board.
The director, subject to the approval of the county board of health, shall
designate aides and assistants pursuant to the budget adopted by the county
board of health in accordance with Code Section 31-3-14.
(b)
Each employee of a county board of health whose duties include enforcing those
environmental health laws of this state or environmental health regulations of
that board of health relating to septic tanks or individual sewage management
systems shall be subject to the direction and supervision of the district
director of environmental health, although the hiring and termination from
employment of such employee shall be subject to the director of that county
board of health. The employment activities of such employee with regard to
environmental health shall be reported to the director of environmental health
through the district director of environmental health at least quarterly. The
director of environmental health may recommend to that director of that county
board of health personnel actions, including but not limited to termination,
which the director of environmental health deems appropriate for such employee's
failure or refusal to comply with the direction of the director of environmental
health in the carrying out of the environmental health employment duties of such
employee. As used in this subsection, the term 'director of environmental
health' means the director of environmental health of the Department of Public
Health."
SECTION
2-36.
Said
Title 31 is further amended by revising Code Section 31-3-15, relating to
establishment of health districts, as follows:
"31-3-15.
The
department is authorized, with the consent of the boards of health and the
county authorities of the counties involved, to establish health districts
comprised
composed
of one or more counties. The county boards of health of the constituent
counties shall, at the call of the commissioner, meet in joint session to
approve the selection of a director appointed by the commissioner to serve such
boards in common. A county board of health is authorized to appoint one of its
members to represent the board at a joint meeting for this purpose. The
director shall be a physician who is licensed to practice medicine under Chapter
34 of Title 43 and who otherwise meets the requirements of the
rules of
the State Personnel
Administration
Board.
The district director shall have the same powers, duties, and responsibility as
a director serving a single county board of health. To further the purposes of
this Code section, county boards of health may contract with each other for the
provision of multicounty services and also exercise any additional powers as
authorized by paragraph (7)
of subsection
(a) of Code Section 31-3-4; and in the
performance of such contracts a county board of health may utilize its employees
in other counties."
SECTION
2-37.
Said
Title 31 is further amended by revising Code Section 31-7-17, relating to
licensure and regulation of hospitals and related institutions transferred to
Department of Community Health, as follows:
"31-7-17.
(a)
Effective July 1, 2009, all matters relating to the licensure and regulation of
hospitals and related institutions pursuant to this article shall be transferred
from the Department of Human Resources (now known as the Department of Human
Services) to the Department of Community Health.
(b)
The Department of Community Health shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the Department of Human
Resources that are in effect on June 30, 2009, or scheduled to go into effect on
or after July 1, 2009, and which relate to the functions transferred to the
Department of Community Health pursuant to this Code section and shall further
succeed to any rights, privileges, entitlements, obligations, and duties of the
Department of Human Resources that are in effect on June 30, 2009, which relate
to the functions transferred to the Department of Community Health pursuant to
this Code section. Such rules, regulations, policies, procedures, and
administrative orders shall remain in effect until amended, repealed,
superseded, or nullified by the Department of Community Health by proper
authority or as otherwise provided by law.
(c)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2009, by
the Department of Human Resources which relate to the functions transferred to
the Department of Community Health pursuant to this Code section shall continue
to exist; and none of these rights, privileges, entitlements, and duties are
impaired or diminished by reason of the transfer of the functions to the
Department of Community Health. In all such instances, the Department of
Community Health shall be substituted for the Department of Human Resources, and
the Department of Community Health shall succeed to the rights and duties under
such contracts, leases, agreements, and other transactions.
(d)
All persons employed by the Department of Human Resources in capacities which
relate to the functions transferred to the Department of Community Health
pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become
employees of the Department of Community Health in similar capacities, as
determined by the commissioner of community health. Such employees shall be
subject to the employment practices and policies of the Department of Community
Health on and after July 1, 2009, but the compensation and benefits of such
transferred employees shall not be reduced as a result of such transfer.
Employees who are subject to the rules of the State Personnel Board
and thereby
under the State Personnel Administration
and who are transferred to the department shall retain all existing rights under
the State
Personnel Administration
such
rules. Retirement rights of such
transferred employees existing under the Employees' Retirement System of Georgia
or other public retirement systems on June 30, 2009, shall not be impaired or
interrupted by the transfer of such employees and membership in any such
retirement system shall continue in the same status possessed by the transferred
employees on June 30, 2009. Accrued annual and sick leave possessed by said
employees on June 30, 2009, shall be retained by said employees as employees of
the Department of Community Health."
SECTION
2-38.
Said
Title 31 is further amended by revising Code Section 31-7-159, relating to
licensure and regulation of home health agencies transferred to Department of
Community Health, as follows:
"31-7-159.
(a)
Effective July 1, 2009, all matters relating to the licensure and regulation of
home health agencies pursuant to this article shall be transferred from the
Department of Human Resources (now known as the Department of Human Services) to
the Department of Community Health.
(b)
The Department of Community Health shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the Department of Human
Resources that are in effect on June 30, 2009, or scheduled to go into effect on
or after July 1, 2009, and which relate to the functions transferred to the
Department of Community Health pursuant to this Code section and shall further
succeed to any rights, privileges, entitlements, obligations, and duties of the
Department of Human Resources that are in effect on June 30, 2009, which relate
to the functions transferred to the Department of Community Health pursuant to
this Code section. Such rules, regulations, policies, procedures, and
administrative orders shall remain in effect until amended, repealed,
superseded, or nullified by the Department of Community Health by proper
authority or as otherwise provided by law.
(c)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2009, by
the Department of Human Resources which relate to the functions transferred to
the Department of Community Health pursuant to this Code section shall continue
to exist; and none of these rights, privileges, entitlements, and duties are
impaired or diminished by reason of the transfer of the functions to the
Department of Community Health. In all such instances, the Department of
Community Health shall be substituted for the Department of Human Resources, and
the Department of Community Health shall succeed to the rights and duties under
such contracts, leases, agreements, and other transactions.
(d)
All persons employed by the Department of Human Resources in capacities which
relate to the functions transferred to the Department of Community Health
pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become
employees of the Department of Community Health in similar capacities, as
determined by the commissioner of community health. Such employees shall be
subject to the employment practices and policies of the Department of Community
Health on and after July 1, 2009, but the compensation and benefits of such
transferred employees shall not be reduced as a result of such transfer.
Employees who are subject to the rules of the State Personnel Board
and thereby
under the State Personnel Administration
and who are transferred to the department shall retain all existing rights under
the State
Personnel Administration
such
rules. Retirement rights of such
transferred employees existing under the Employees' Retirement System of Georgia
or other public retirement systems on June 30, 2009, shall not be impaired or
interrupted by the transfer of such employees and membership in any such
retirement system shall continue in the same status possessed by the transferred
employees on June 30, 2009. Accrued annual and sick leave possessed by said
employees on June 30, 2009, shall be retained by said employees as employees of
the Department of Community Health."
SECTION
2-39.
Said
Title 31 is further amended by revising Code Section 31-7-265, relating to
facility licensing and employee records checks for personal care homes
transferred to Department of Community Health, as follows:
"31-7-265.
(a)
Effective July 1, 2009, all matters relating to facility licensing and employee
records checks for personal care homes pursuant to this article shall be
transferred from the Department of Human Resources (now known as the Department
of Human Services) to the Department of Community Health.
(b)
The Department of Community Health shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the Department of Human
Resources that are in effect on June 30, 2009, or scheduled to go into effect on
or after July 1, 2009, and which relate to the functions transferred to the
Department of Community Health pursuant to this Code section and shall further
succeed to any rights, privileges, entitlements, obligations, and duties of the
Department of Human Resources that are in effect on June 30, 2009, which relate
to the functions transferred to the Department of Community Health pursuant to
this Code section. Such rules, regulations, policies, procedures, and
administrative orders shall remain in effect until amended, repealed,
superseded, or nullified by the Department of Community Health by proper
authority or as otherwise provided by law.
(c)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2009, by
the Department of Human Resources which relate to the functions transferred to
the Department of Community Health pursuant to this Code section shall continue
to exist; and none of these rights, privileges, entitlements, and duties are
impaired or diminished by reason of the transfer of the functions to the
Department of Community Health. In all such instances, the Department of
Community Health shall be substituted for the Department of Human Resources, and
the Department of Community Health shall succeed to the rights and duties under
such contracts, leases, agreements, and other transactions.
(d)
All persons employed by the Department of Human Resources in capacities which
relate to the functions transferred to the Department of Community Health
pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become
employees of the Department of Community Health in similar capacities, as
determined by the commissioner of community health. Such employees shall be
subject to the employment practices and policies of the Department of Community
Health on and after July 1, 2009, but the compensation and benefits of such
transferred employees shall not be reduced as a result of such transfer.
Employees who are subject to the rules of the State Personnel Board
and thereby
under the State Personnel Administration
and who are transferred to the department shall retain all existing rights under
the State
Personnel Administration
such
rules. Retirement rights of such
transferred employees existing under the Employees' Retirement System of Georgia
or other public retirement systems on June 30, 2009, shall not be impaired or
interrupted by the transfer of such employees and membership in any such
retirement system shall continue in the same status possessed by the transferred
employees on June 30, 2009. Accrued annual and sick leave possessed by said
employees on June 30, 2009, shall be retained by said employees as employees of
the Department of Community Health."
SECTION
2-40.
Said
Title 31 is further amended by revising Code Section 31-7-308, relating to
licensure and regulation of private home care providers transferred to
Department of Community Health, as follows:
"31-7-308.
(a)
Effective July 1, 2009, all matters relating to the licensure and regulation of
private home care providers pursuant to this article shall be transferred from
the Department of Human Resources (now known as the Department of Human
Services) to the Department of Community Health.
(b)
The Department of Community Health shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the Department of Human
Resources that are in effect on June 30, 2009, or scheduled to go into effect on
or after July 1, 2009, and which relate to the functions transferred to the
Department of Community Health pursuant to this Code section and shall further
succeed to any rights, privileges, entitlements, obligations, and duties of the
Department of Human Resources that are in effect on June 30, 2009, which relate
to the functions transferred to the Department of Community Health pursuant to
this Code section. Such rules, regulations, policies, procedures, and
administrative orders shall remain in effect until amended, repealed,
superseded, or nullified by the Department of Community Health by proper
authority or as otherwise provided by law.
(c)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2009, by
the Department of Human Resources which relate to the functions transferred to
the Department of Community Health pursuant to this Code section shall continue
to exist; and none of these rights, privileges, entitlements, and duties are
impaired or diminished by reason of the transfer of the functions to the
Department of Community Health. In all such instances, the Department of
Community Health shall be substituted for the Department of Human Resources, and
the Department of Community Health shall succeed to the rights and duties under
such contracts, leases, agreements, and other transactions.
(d)
All persons employed by the Department of Human Resources in capacities which
relate to the functions transferred to the Department of Community Health
pursuant to this Code section on June 30, 2009, shall, on July 1, 2009, become
employees of the Department of Community Health in similar capacities, as
determined by the commissioner of community health. Such employees shall be
subject to the employment practices and policies of the Department of Community
Health on and after July 1, 2009, but the compensation and benefits of such
transferred employees shall not be reduced as a result of such transfer.
Employees who are subject to the rules of the State Personnel Board
and thereby
under the State Personnel Administration
and who are transferred to the department shall retain all existing rights under
the State
Personnel Administration
such
rules. Retirement rights of such
transferred employees existing under the Employees' Retirement System of Georgia
or other public retirement systems on June 30, 2009, shall not be impaired or
interrupted by the transfer of such employees and membership in any such
retirement system shall continue in the same status possessed by the transferred
employees on June 30, 2009. Accrued annual and sick leave possessed by said
employees on June 30, 2009, shall be retained by said employees as employees of
the Department of Community Health."
SECTION
2-41.
Said
Title 31 is further amended by revising Code Section 31-10-4, relating to
appointment of state registrar of vital records, as follows:
"31-10-4.
The
commissioner shall appoint the state registrar of vital records, hereinafter
referred to as 'state registrar,' subject to the rules and regulations of the
State Personnel
Administration
Board,
classified service."
SECTION
2-42.
Said
Title 31 is further amended by revising Code Section 31-29-6, relating to rights
of employees under State Personnel Administration, as follows:
"31-29-6.
Any
employee of any state institution, agency, or department who qualifies under
Code Section 31-29-1 shall be given credit for all salary adjustments and the
same eligibility for step increases to which he
or
she would have been entitled under the
rules of
the State Personnel
Administration
Board
had he or
she not contracted tuberculosis or
infectious hepatitis and had he
or
she remained on the job full time in the
same capacity and with the same status as he
or
she had previously
attained."
SECTION
2-43.
Title
34 of the Official Code of Georgia Annotated, relating to labor and industrial
relations, is amended by revising Code Section 34-9-52, relating to officials,
personnel, and employees subject to State Personnel Administration and
compensation of board members and administrative law judges, as
follows:
"34-9-52.
(a)
All members of the board, including the
chairman
chairperson
thereof, shall be in the unclassified service, as defined in Code Section
45-20-2, and shall not be subject to the
laws
and rules and regulations of the State
Personnel
Administration
Board.
The salaries of all members of the board, including the
chairman
chairperson
thereof, shall be as provided in this Code section. The
chairman
chairperson
and each member of the board shall receive an annual salary which is equal to 90
percent of the base annual salary plus cost-of-living adjustments provided in
Code Section 45-7-4 for each Judge of the Court of Appeals.
(b)(1)
Each administrative law judge, whose method of appointment, removal, and terms
of office shall remain as now provided by law, shall be in the unclassified
service as defined in Code Section 45-20-2, except for certain compensation
purposes, shall not be subject to the
laws,
rules,
and regulations of the State Personnel
Administration
Board.
The compensation of the administrative law judges shall be fixed by the board
based on a pay grade of the general pay schedule
issued
pursuant to the rules and regulations of
the State Personnel
Administration
Board
and each administrative law judge shall be eligible for increases in
compensation as established on the general pay schedule, subject to the review
and approval of the board.
(1)(2)
Each administrative law judge employed by the board shall be entitled to any
annual cost-of-living adjustment increases provided for all state
employees.
(2)(3)
All administrative law judges appointed prior to January 1, 1990, shall be
placed on the same pay grade of the general pay schedule and at the step which
is the equivalent of one full step above their salary as established on July 1,
1989.
(c)
As a cost-of-living adjustment, the annual base salary of all of the members of
the board, including the
chairman
chairperson
thereof, shall be increased by the same percentage provided to state officials
by subsection (b) of Code Section 45-7-4.
(d)
All other officials, personnel, and employees of the board
are placed
under the State Personnel Administration
and shall be subject to the
laws,
rules,
and regulations
relative to
that system
of the State
Personnel Board."
SECTION
2-44.
Said
Title 34 is further amended by revising Code Section 34-9-355, relating to
appointment of administrator, State Personnel Administration coverage,
administration of article, and members of retirement system, as
follows:
"34-9-355.
(a)
The board of trustees shall appoint the administrator of the fund, and he
or
she shall serve at the pleasure of the
trustees and without term of office. All officials, personnel, and employees of
the Board of Trustees of the Subsequent Injury Trust Fund are placed in the
classified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2 unless otherwise
excluded
under the
authority of Code Sections 45-20-1 through 45-20-11 and 45-20-14 or other
statutory authority
by
law; provided, however, that except for
purposes of determining compensation, the administrator shall not be in the
classified service
of the
State Personnel
Administration.
(b)
The administrator shall administer this article under such policies and rules
and regulations as may be adopted by the trustees and shall be authorized to
hire such personnel as may be necessary to carry out the purposes of the
fund.
(c)
All employees of the fund shall be deemed to be employees of the state and, as
such, members of the Employees' Retirement System of Georgia."
SECTION
2-45.
Said
Title 34 is further amended by revising Code Section 34-15-2, relating to July
transfer of Division of Rehabilitation Services to the Department of Labor, as
follows:
"34-15-2.
(a)
The Division of Rehabilitation Services within the Department of Human Resources
(now known as the Department of Human Services), including the disability
adjudication section and the Roosevelt Warm Springs Institute for
Rehabilitation, is transferred to the Department of Labor on July 1, 2001, and
that division shall become the Division of Rehabilitation Services of the
Department of Labor on July 1, 2001. The functions, duties, programs,
institutions, and authority of the Division of Rehabilitation Services which
were vested in the Department of Human Resources on June 30, 2001, are vested in
the Department of Labor effective July 1, 2001. The division shall be
administered by a director appointed by the Commissioner. The policy-making
functions which were vested in the Board of Human Resources (now known as the
Board of Human Services) or the Department of Human Resources pertaining to the
Division of Rehabilitation Services are vested in the Commissioner of Labor
effective July 1, 2001.
(b)
The Department of Labor shall, from July 1, 2001, assume possession and control
of all records, papers, equipment, supplies, office space, and all other
tangible property possessed and controlled by the Department of Human Resources
as of June 30, 2001, in the Department of Human Resources' administration of the
Division of Rehabilitation Services. All funds attributable to the Division of
Rehabilitation Services and its programs and institutions from state, federal,
and any other public or private source, shall be transferred to the Department
of Labor on July 1, 2001.
(c)
The Department of Human Resources shall calculate, in consultation with the
Department of Labor, the amount of all funds of or attributable to the Division
of Rehabilitation Services and its programs and institutions from any source
that are used to provide administrative or other services within the Department
of Human Resources, including funds from the disability adjudication section,
the cost allocation system, and any indirect costs funding from the federal
government or any other source. The amount calculated shall be transferred to
the Department of Labor on July 1, 2001. Any changes or amendments made to the
structure or placement of division programs and institutions, the allocation and
expenditure of division funds, division rules, regulations, policies and
procedures, or the administrative orders of the Department of Human Resources
pertaining to the division, between May 1, 2000, and July 1, 2001, shall be made
in consultation with the Commissioner of Labor. In addition, on and after May
1, 2000, the Department of Human Resources shall make available to the
Department of Labor all records and information of the Department of Human
Resources and the Division of Rehabilitation Services which relate to the
functions, duties, and administration of the division, to assist in the orderly
transfer of the division to the Department of Labor.
(d)
All officers, employees, and agents of the Division of Rehabilitation Services
who, on June 30, 2001, are engaged in the performance of a function or duty
which shall be vested in the Division of Rehabilitation Services of the
Department of Labor on July 1, 2001, by this chapter, shall be automatically
transferred to the Department of Labor on July 1, 2001. An equivalent number of
positions or funds of the Department of Human Resources which provide
administrative support to the Division of Rehabilitation Services shall be
transferred to the Department of Labor on July 1, 2001. Such persons shall be
subject to the employment practices and policies of the Department of Labor on
and after July 1, 2001, but consistent with the compensation and benefits of
other employees of that department holding positions substantially the same as
the transferred employees, the compensation and benefits of such transferred
employees shall not be reduced. Employees who are subject to the
rules of
the State Personnel
Administration
Board
and who are transferred to the Division of Rehabilitation Services of the
Department of Labor shall retain all existing rights under
the State
Personnel Administration
such
rules. Retirement rights of such
transferred employees existing under the Employees' Retirement System of Georgia
or other public retirement systems on June 30, 2001, shall not be impaired or
interrupted by the transfer of such employees, and membership in any such
retirement system shall continue in the same status possessed by the transferred
employees on June 30, 2001. Accrued annual and sick leave shall be retained by
said employees as employees of the Department of Labor. The Department of Human
Resources shall be responsible for payment of the accrued Fair Labor Standards
Act compensatory time possessed by said employees. Such accrued compensatory
time shall be used by or paid to said employees prior to July 1,
2001.
(e)(1)
The Division of Rehabilitation Services of the Department of Labor is the
designated state unit for the vocational rehabilitation program.
(2)
The Division of Rehabilitation Services of the Department of Labor shall conform
to federal standards in all respects necessary for receiving federal grants and
the Commissioner of the Department of Labor is authorized and empowered to
effect such changes as may, from time to time, be necessary in order to comply
with such standards.
(3)
The Division of Rehabilitation Services of the Department of Labor is authorized
to employ, on a full or part-time basis, such medical, psychiatric, social work,
supervisory, institutional, and other professional personnel and such clerical
and other employees as may be necessary to discharge the duties of the division
under this chapter. The division is also authorized to contract for such
professional services as may be necessary.
(4)
Classified employees of the Division of Rehabilitation Services of the
Department of Labor under this chapter shall in all instances be employed and
dismissed in accordance with rules and regulations of the State Personnel
Administration
Board.
(5)
All personnel of the Division of Rehabilitation Services of the Department of
Labor are authorized to be members of the Employees' Retirement System of
Georgia as provided in Chapter 2 of Title 47. All rights, credits, and funds in
that retirement system which are possessed by state personnel transferred by
provisions of this chapter to the Department of Labor, or otherwise had by
persons at the time of employment with that department, are continued and
preserved, it being the intention of the General Assembly that such persons
shall not lose any rights, credits, or funds to which they may be entitled prior
to becoming employees of the Division of Rehabilitation Services of the
Department of Labor.
(f)
The Department of Labor shall succeed to all rules, regulations, policies,
procedures, and administrative orders of the Department of Human Resources which
are in effect on June 30, 2001, and which relate to the functions of the
Division of Rehabilitation Services. Such rules, regulations, policies,
procedures, and administrative orders shall remain in effect until amended,
repealed, superseded, or nullified by proper authority or as otherwise provided
by law.
(g)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2001, by
the Department of Human Resources or the Division of Rehabilitation Services
pertaining to the Division of Rehabilitation Services transferred to the
Department of Labor by this chapter shall continue to exist; and none of these
rights, privileges, entitlements, and duties are impaired or diminished by
reason of the transfer of the functions to the Department of Labor. In all such
instances, the Department of Labor shall be substituted for the Department of
Human Resources or the Division of Rehabilitation Services, and the Department
of Labor shall succeed to the rights and duties under such contracts, leases,
agreements, and other transactions.
(h)
The Division of Rehabilitation Services of the Department of Labor shall conform
all service delivery regions to the state service delivery regions provided in
subsection (a) of Code Section 50-4-7."
SECTION
2-46.
Title
35 of the Official Code of Georgia Annotated, relating to law enforcement
officers and agencies, is amended by revising Code Section 35-1-6, relating to
appointment of nonuniformed investigators, salaries, status, assignment, and
powers, as follows:
"35-1-6.
(a)
The commissioner is authorized to appoint five nonuniformed investigators who
shall be certified peace officers pursuant to Chapter 8 of this title, the
'Georgia Peace Officer Standards and Training Act.' The commissioner shall
determine the salaries of such investigators. The investigators shall be in the
unclassified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2 and therefore shall
not be governed by any rules of position, classification, appointment,
promotion, demotion, transfer, dismissal, qualification, compensation, seniority
privileges, tenure, or other such matters concerning their employment as may now
or hereafter be established by the State Personnel
Board, the
State Personnel Administration, or any
successor boards or agencies. The investigators shall be assigned to the
Internal Affairs Section of the Department of Public Safety in the office of the
commissioner at the department's headquarters complex.
(b)
The investigators shall have full arrest powers in cases involving internal
affairs and in such cases shall be authorized:
(1)
To investigate crimes committed anywhere in the state;
(2)
To arrest any person violating the criminal laws of this state;
(3)
To serve and execute warrants after notifying the law enforcement agency of the
local jurisdiction of the intent to serve such warrant or warrants;
(4)
To enforce in general the criminal laws of this state; and
(5)
To carry firearms while performing their duties."
SECTION
2-47.
Said
Title 35 is further amended by revising Code Section 35-2-46, relating to
dismissal of officers, troopers, and communications officers, as
follows:
"35-2-46.
All
officers, troopers, and communications officers who are in the classified
service of
the State Personnel Administration
as defined by
Code Section 45-20-2 may be dismissed from
their employment with the department only in accordance with Chapter 20 of Title
45 and the rules and regulations promulgated thereunder."
SECTION
2-48.
Said
Title 35 is further amended by revising Code Section 35-2-47, relating to
suspension pending dismissal, as follows:
"35-2-47.
All
officers, troopers, and communications officers who are in the classified
service of
the State Personnel Administration
as defined by
Code Section 45-20-2 may be suspended
pending their dismissal from employment with the department as provided in
Chapter 20 of Title 45 or the rules and regulations promulgated
thereunder."
SECTION
2-49.
Said
Title 35 is further amended by revising Code Section 35-2-74, relating to the
Governor to prescribe coverage by State Personnel Administration, as
follows:
"35-2-74.
(a)
The Governor is authorized, in his discretion, to direct by executive order that
the employees of the Security Guard Division shall be covered by the
rules of
the State Personnel
Administration
Board
and in such order shall specify the date on which the
system
rules
shall become applicable to such personnel.
(b)
The application of the
rules of
the State Personnel
Administration
Board
to employees of the Security Guard Division shall not affect any other personnel
of the Department of Public Safety."
SECTION
2-50.
Said
Title 35 is further amended by revising Code Section 35-3-6, relating to the
director, classification in State Personnel Administration, and compensation, as
follows:
"35-3-6.
The
director shall be in the unclassified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2 and his
or
her compensation shall be fixed by the
board."
SECTION
2-51.
Said
Title 35 is further amended by revising Code Section 35-3-9, relating to
narcotics agents, as follows:
"35-3-9.
(a)
The director is authorized to retain on a contractual basis such persons as he
or
she shall deem necessary to detect and
apprehend violators of the criminal statutes of this state pertaining to the
possession, sale, or use of narcotics or other dangerous drugs.
(b)
Those persons contracting with the director pursuant to subsection (a) of this
Code section shall be known as narcotics agents.
(c)
The investigative services provided for in this Code section shall be designed
to support local law enforcement efforts. The director shall, with the advice
and consent of the board, appoint a three-member priority committee
comprised
composed
of a representative from the Georgia Sheriffs Association, the Georgia
Association of Chiefs of Police, and the District Attorneys Association. The
committee shall establish priorities for use of investigative resources and
determine the bona fide nature of requests for assistance. The recommendations
of the committee shall be followed by the director except where otherwise
expressly authorized by the board.
(d)
Narcotics agents shall have all powers necessary and incidental to the
fulfillment of their contractual obligations, including the power of arrest when
authorized by the director.
(e)
No person shall be a narcotics agent unless he is at least 18 years of
age.
(f)
The director shall conduct a background investigation of all potential narcotics
agents. If the background investigation discloses a criminal record, the
applicant shall not be retained without the express approval of the
board.
(g)
Any matters pertaining to narcotics agents shall be exempt from Chapter 14 of
Title 50, relating to meetings open to the public.
(h)
Persons retained as narcotics agents shall be considered persons in the service
of the bureau under a contract of hire with that agency whose employment of
those persons as narcotics agents shall be considered an employment in the usual
course of the business of that agency. Persons retained by the bureau as
narcotics agents shall have all the rights and privileges of other employees of
the bureau; provided, however, that such persons shall be in the unclassified
service of
the State Personnel Administration
as defined by
Code Section 45-20-2 and therefore shall
not be governed by any rules of position, classification, appointment,
promotion, demotion, transfer, dismissal, qualification, compensation, seniority
privileges, tenure, or other such matters concerning their employment
established by the State Personnel
Board, the
State Personnel Administration, or any
successor boards or agencies.
(i)
The director shall have all powers necessary and incidental to the effective
operation of this Code section."
SECTION
2-52.
Said
Title 35 is further amended by revising Code Section 35-3-11, relating to
applicability to agents of bureau of rules of State Personnel Board and State
Personnel Administration, and retention of badge and weapon by disabled agent,
as follows:
"35-3-11.
(a)
All agents of the bureau shall be governed by such rules of position,
classification, appointment, promotion, demotion, transfer, dismissal,
qualification, compensation, seniority privileges, tenure, and other employment
standards as may now or hereafter be established under such merit system
controls as may be authorized by Chapter 20 of Title
45,
relating to the State Personnel Board and the State Personnel
Administration.
(b)
This Code section shall not apply to narcotics agents as provided for in Code
Section 35-3-9.
(c)
As used in this subsection, the term 'disability' means a disability that
prevents an individual from working as a law enforcement officer. When an agent
of the bureau leaves the bureau as a result of a disability arising in the line
of duty, such agent shall be entitled as part of such agent's compensation to
retain his or her weapon and badge pursuant to regulations promulgated by the
director."
SECTION
2-53.
Said
Title 35 is further amended by revising Code Section 35-3-31, relating to
establishment of center, staff and equipment generally, and State Personnel
Administration status of personnel, as follows:
"35-3-31.
(a)
There is established for the state, within the Georgia Bureau of Investigation,
a system for the intrastate communication of vital information relating to
crimes, criminals, and criminal activity, to be known as the Georgia Crime
Information Center.
(b)
Central responsibility for the development, maintenance, and operation of the
center shall be vested with the director of the center with the assistance and
guidance of the Georgia Crime Information Council, the establishment of which is
provided for in Code Section 35-3-32.
(c)
The director of the center shall maintain the necessary staff along with support
services to be procured within the Georgia state government, such as computer
services from the Department of Administrative Services, physical space and
logistic support from the Department of Public Safety, and other services or
sources as necessary, to enable the effective and efficient performance of the
duties and responsibilities ascribed to the center in this article.
(d)
All personnel of the center shall be administered according to appropriate
special and standard schedules
by
issued
pursuant to the rules of the State
Personnel
Administration
Board
with due recognition to be given by the latter to the special qualifications and
availability of the types of individuals required in such an
agency."
SECTION
2-54.
Said
Title 35 is further amended by revising Code Section 35-3-81, relating to
establishment, development, maintenance, operation of center, and staff, as
follows:
"35-3-81.
(a)
There is authorized within the Georgia Bureau of Investigation the Missing
Children Information Center. The center shall serve as a central repository of
information regarding missing children and shall collect and disseminate such
information as is necessary to assist in the location of missing
children.
(b)
Central responsibility for the development, maintenance, and operation of the
center shall be vested in the supervisor of the center who shall be appointed by
the director of the Georgia Bureau of Investigation.
(c)
The supervisor of the center shall maintain the necessary staff along with
support services to be procured within the Georgia state government to enable
the effective and efficient performance of the duties and responsibilities
assigned to the center in this article.
(d)
All personnel of the center shall be administered according to appropriate
special and standard schedules
by
issued
pursuant to the rules of the State
Personnel
Administration
Board."
SECTION
2-55.
Title
36 of the Official Code of Georgia Annotated, relating to local government, is
amended by revising Code Section 36-5-28, relating to members of county
governing authority to receive compensation increase when classified service
employees receive increase, calculation, and effective date, as
follows:
"36-5-28.
On
and after January 1, 2001, whenever
Whenever
the
state
employees
in the
classified service of the State Personnel
Administration
subject to
compensation plans authorized and approved in accordance with Code Section
45-20-4 receive a cost-of-living increase
or general performance based increase of a certain percentage or a certain
amount, the compensation to which a member of a governing authority is entitled
under general or local law shall be increased by the same percentage or same
amount applicable to such state employees. If the cost-of-living increase or
general performance based increase received by state employees is in different
percentages or different amounts as to certain categories of employees, the
amount to which a member of a county governing authority is entitled under
general or local law shall be increased by a percentage or an amount not to
exceed the average percentage or average amount of the general increase in
salary granted to the state employees. The Office of Planning and Budget shall
calculate the average percentage increase or average amount increase when
necessary. The periodic changes in the amount to which a member of a county
governing authority is entitled under general or local law shall become
effective on the first day of January following the date that the cost-of-living
increases or general performance based increases received by state employees
become effective; provided, however, that if the cost-of-living increases
received by state employees become effective on January 1, such periodic changes
in the amount to which a member of a county governing authority is entitled
under general or local law shall become effective on the same date that the
cost-of-living increases or general performance based increases received by
state employees become effective."
SECTION
2-56.
Title
37 of the Official Code of Georgia Annotated, relating to mental health, is
amended by revising Code Section 37-1-5, relating to department to succeed to
applicable rules and regulations, transfer of rights, responsibilities, duties,
personnel, and property, as follows:
"37-1-5.
(a)
The Department of Behavioral Health and Developmental Disabilities shall succeed
to all rules, regulations, policies, procedures, and administrative orders of
the Department of Human Resources that are in effect on June 30, 2009, or
scheduled to go into effect on or after July 1, 2009, and which relate to the
functions transferred to the Department of Behavioral Health and Developmental
Disabilities pursuant to Code Section 37-1-4 and shall further succeed to any
rights, privileges, entitlements, obligations, and duties of the Department of
Human Resources that are in effect on June 30, 2009, which relate to the
functions transferred to the Department of Behavioral Health and Developmental
Disabilities pursuant to Code Section 37-1-4. Such rules, regulations,
policies, procedures, and administrative orders shall remain in effect until
amended, repealed, superseded, or nullified by the Department of Behavioral
Health and Developmental Disabilities by proper authority or as otherwise
provided by law.
(b)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2009, by
the Department of Human Resources which relate to the functions transferred to
the Department of Behavioral Health and Developmental Disabilities pursuant to
Code Section 37-1-4 shall continue to exist; and none of these rights,
privileges, entitlements, and duties are impaired or diminished by reason of the
transfer of the functions to the Department of Behavioral Health and
Developmental Disabilities. In all such instances, the Department of Behavioral
Health and Developmental Disabilities shall be substituted for the Department of
Human Resources, and the Department of Behavioral Health and Developmental
Disabilities shall succeed to the rights and duties under such contracts,
leases, agreements, and other transactions.
(c)
All persons employed by the Department of Human Resources in capacities which
relate to the functions transferred to the Department of Behavioral Health and
Developmental Disabilities pursuant to Code Section 37-1-4 on June 30, 2009,
shall, on July 1, 2009, become employees of the Department of Behavioral Health
and Developmental Disabilities in similar capacities, as determined by the
commissioner of behavioral health and developmental disabilities. Such
employees shall be subject to the employment practices and policies of the
Department of Behavioral Health and Developmental Disabilities on and after July
1, 2009, but the compensation and benefits of such transferred employees shall
not be reduced as a result of such transfer. Employees who are subject to the
rules of the State Personnel Board
and thereby
under the State Personnel Administration
and who are transferred to the department shall retain all existing rights under
the State
Personnel Administration
such
rules. Retirement rights of such
transferred employees existing under the Employees' Retirement System of Georgia
or other public retirement systems on June 30, 2009, shall not be impaired or
interrupted by the transfer of such employees and membership in any such
retirement system shall continue in the same status possessed by the transferred
employees on June 30, 2009. Accrued annual and sick leave possessed by said
employees on June 30, 2009, shall be retained by said employees as employees of
the Department of Behavioral Health and Developmental Disabilities.
(d)
On July 1, 2009, the Department of Behavioral Health and Developmental
Disabilities shall receive custody of the state owned real property in the
custody of the Department of Human Resources on June 30, 2009, and which
pertains to the functions transferred to the Department of Behavioral Health and
Developmental Disabilities pursuant to Code Section 37-1-4."
SECTION
2-57.
Said
Title 37 is further amended by revising Code Section 37-1-21, relating to
institutional powers and duties, as follows:
"37-1-21.
(a)
The department is designated and empowered as the agency of this state
responsible for supervision and administrative control of: state facilities for
the treatment of mental illness or the habilitation and treatment of individuals
with developmental disabilities; programs for the care, custody, and treatment
of addictive disease; and other facilities, institutions, or programs which now
or hereafter come under the supervision and administrative control of the
department. With respect to all such facilities, institutions, or programs the
department shall have the following powers and duties:
(1)
To create all necessary offices, appoint and remove all officers of such
facilities, institutions, or programs, prescribe and change the duties of such
officers from time to time, and fix their
salaries,
other than the commissioner's salary, as
provided for by the pay plan covering positions
under the
State Personnel Administration and in
accordance with rules and regulations of the State Personnel
Board,
except that the commissioner shall not be subject to the State Personnel
Administration or the rules and regulations of the State Personnel
Board. The department shall discharge and
cause to be prosecuted any officer or other person who shall assault any patient
in any of such facilities or institutions or who shall knowingly use toward any
such patient any other or greater force than the occasion may
require;
(2)
To refuse or accept and hold in trust for any such facility, institution, or
program any grant or devise of land or bequest or donation of money or other
property for the particular use specified or, if no use is specified, for the
general use of such facility, institution, or program;
(3)
To bring suit in its name for any claims which any such facility or institution
may have, however arising;
(4)
To appoint police of such facilities, institutions, or programs who are
authorized, while on the grounds or in the buildings of the respective
facilities, institutions, or programs to make arrests with the same authority,
power, privilege, and duties as the sheriffs of the respective counties in which
such facilities, institutions, or programs are situated; and
(5)
To have full authority to receive and treat patients ordered admitted to such
facilities, institutions, or programs pursuant to any law, to receive any
voluntary patients, to discharge such patients pursuant to law, to contract with
patients or other persons acting on behalf of patients or legally responsible
therefor, and in general to exercise any power or function with respect to
patients provided by law. It is the intent of the General Assembly to provide
always the highest quality of diagnosis, treatment, custody, and care consistent
with medical, therapeutic, and habilitative evidence based practice and
knowledge. It is the further intent of the General Assembly that the powers and
duties of the department with respect to patients shall be administered by
persons properly trained professionally for the exercise of their duties,
consistent with the intention expressed in this Code section.
(b)
The board is empowered to prescribe all rules and regulations for the management
of such facilities, institutions, and programs not conflicting with the
law."
SECTION
2-58.
Said
Title 37 is further amended by revising Code Section 37-2-6.1, relating to
community service boards, program director, staff, budget, facilities, powers
and duties, and exemption from state and local taxation, as
follows:
"37-2-6.1.
(a)
Each community service board shall employ an executive director to serve as its
chief executive officer who shall direct the day-to-day operations of the
community service board. Such executive director shall be appointed and removed
by the community service board and shall appoint other necessary staff pursuant
to an annual budget adopted by the board, which budget shall provide for
securing appropriate facilities, sites, and professionals necessary for the
provision of disability and health services. The community service board may
delegate any power, authority, duty, or function to its executive director or
other staff. The executive director or other staff is authorized to exercise
any power, authority, duty, or function on behalf of the community service
board.
(b)
Each community service board, under the jurisdiction of its board, shall perform
duties, responsibilities, and functions and may exercise power and authority
described in this subsection. Each program may exercise the following power and
authority:
(1)
Each community service board may adopt bylaws for the conduct of its affairs;
provided, however, that the community service board shall meet at least
quarterly, and that all such meetings and any bylaws shall be open to the
public, as otherwise required under Georgia law;
(2)
Each community service board may make and enter into all contracts necessary and
incidental to the performance of its duties and functions;
(3)
Each community service board may acquire by purchase, gift, lease, or otherwise
and may own, hold, improve, use, and sell, convey, exchange, transfer, lease,
sublease, and dispose of real and personal property of every kind and character,
or any interest therein, for its corporate purposes;
(4)
Each community service board may contract to utilize the services of the
Department of Administrative Services,
the State
Personnel Administration, the state
auditor, or any other agency of state, local, or federal
government;
(5)
Each community service board may provide, either independently or through
contract with appropriate state or local governmental entities, the following
benefits to its employees, their dependents, and survivors, in addition to any
compensation or other benefits provided to such persons:
(A)
Retirement, pension, disability, medical, and hospitalization benefits, through
the purchase of insurance or otherwise, but medical and hospitalization benefits
may only be provided through the Department of Community Health under the same
conditions as provided for such benefits to state employees, and the Department
of Community Health shall so provide if requested;
(B)
Life insurance coverage and coverage under federal old age and survivors'
insurance programs;
(C)
Sick leave, annual leave, and holiday leave; and
(D)
Any other similar benefits including, but not limited to, death
benefits;
(6)
Each community service board may cooperate with all units of local government in
the counties where the community service board provides services as well as
neighboring regions and with the programs of other departments, agencies, and
regional commissions and regional planning boards;
(7)
Each community service board shall establish and maintain a personnel program
for its employees and fix the compensation and terms of compensation of its
employees; provided, however, that each community service board shall comply
with the provisions of Chapter 20 of Title 45,
relating to
state personnel administration, for so
long as and to the extent that each employee of such board
who is a
covered employee as defined in Code Section 45-20-2 and
is
remains
subject to the rules and regulations of the State Personnel
Administration
Board
remains in
a covered position or as otherwise
provided by law;
(8)
Each community service board may receive and administer grants, gifts,
contracts, moneys, and donations for purposes pertaining to the delivery of
disability services or of health services;
(9)
Each community service board may establish fees for the provision of disability
services or health services according to the terms of contracts entered into
with the department, Department of Human Services, Department of Public Health,
or Department of Community Health, as appropriate;
(10)
Each community service board may accept appropriations, loans of funds,
facilities, equipment, and supplies from local governmental entities in the
counties where the community service board provides services;
(11)
Each member of the community service board may, upon approval of the executive
director, receive reimbursement for actual expenses incurred in carrying out the
duties of such office; provided, however, that such reimbursement shall not
exceed the rates and allowances set for state employees by the Office of
Planning and Budget or the mileage allowance for use of a personal car as that
received by all other state officials and employees or a travel allowance of
actual transportation cost if traveling by public carrier;
(12)
Each community service board shall elect a chairperson and vice chairperson from
among its membership. The members shall also elect a secretary and treasurer
from among its membership or may designate the executive director of the
community service board to serve in one or both offices. Such officers shall
serve for such terms as shall be prescribed in the bylaws of the community
service board or until their respective successors are elected and qualified.
No member shall hold more than one office of the community service board; except
that the same person may serve as secretary and treasurer. The bylaws of the
community service board shall provide for any other officers of such board and
the means of their selection, the terms of office of the officers, and an annual
meeting to elect officers;
(13)
Each community service board may have a seal and alter it;
(14)
Each community service board may contract with the State Personnel
Administration regarding its personnel who remain in the classified
service;
(15)(14)
Each community service board may establish fees, rates, rents, and charges for
the use of facilities of the community service board for the provision of
disability services or of health services, in accordance with the terms of
contracts entered into with the department, Department of Human Services,
Department of Public Health, or Department of Community Health, as
appropriate;
(16)(15)
Each community service board may borrow money for any business purpose and may
incur debt, liabilities, and obligations for any business purpose. A debt,
liability, or obligation incurred by a community service board shall not be
considered a debt, liability, or obligation of the state or any county or any
municipality or any political subdivision of the state. A community service
board may not borrow money as permitted by this Code section if the highest
aggregate annual debt service requirements of the then current fiscal year or
any subsequent year for outstanding borrowings of the community service board,
including the proposed borrowing, exceed 15 percent of the total revenues of the
community service board in its fiscal year immediately preceding the fiscal year
in which such debt is to be incurred. Interest paid upon such borrowings shall
be exempt from taxation by the state or its political subdivisions. A state
contract with a community service board shall not be used or accepted as
security or collateral for a debt, liability, or obligation of a community
service board without the prior written approval of the
commissioner;
(17)(16)
Each community service board, to the extent authorized by law and the contract
for the funds involved, may carry forward without lapse fund balances and
establish operating, capital, and debt reserve accounts from revenues and grants
derived from state, county, and all other sources; and
(18)(17)
Each community service board may operate, establish, or operate and establish
facilities deemed by the community service board as necessary and convenient for
the administration, operation, or provision of disability services or of health
services by the community service board and may construct, reconstruct,
improve, alter, repair, and equip such facilities to the extent authorized by
state and federal law.
(c)
Nothing shall prohibit a community service board from contracting with any
county governing authority, private or other public provider, or hospital for
the provision of disability services or of health services.
(d)
Each community service board exists for nonprofit and public purposes, and it is
found and declared that the carrying out of the purposes of each community
service board is exclusively for public benefit and its property is public
property. Thus, no community service board shall be required to pay any state
or local ad valorem, sales, use, or income taxes.
(e)
A community service board shall not have the power to tax, the power to issue
general obligation bonds or revenue bonds or revenue certificates, or the power
to financially obligate the state or any county or any municipal
corporation.
(f)
A community service board shall not operate any facility for profit. A
community service board may fix fees, rents, rates, and charges that are
reasonably expected to produce revenues, which, together with all other funds of
the community service board, will be sufficient to administer, operate, and
provide the following:
(1)
Disability services or health services;
(2)
The cost of acquiring, constructing, equipping, maintaining, repairing, and
operating its facilities; and
(3)
The creation and maintenance of reserves sufficient to meet principal and
interest payments due on any obligation of the community service
board.
(g)
Each community service board may provide reasonable reserves for the
improvement, replacement, or expansion of its facilities and services. Reserves
under this subsection shall be subject to the limitations in paragraph
(16)
(15)
of subsection (b) of this Code section.
(h)
Each county and municipal corporation of this state is authorized to convey or
lease property of such county or municipal corporation to a community service
board for its public purposes. Any property conveyed or leased to a community
services board by a county or municipal corporation shall be operated by such
community service board in accordance with this chapter and the terms of the
community service board's agreements with the county or municipal corporation
providing such conveyance or lease.
(i)
Each community service board shall keep books of account reflecting all funds
received, expended, and administered by the community service board which shall
be independently audited annually.
(j)
A community service board may create, form, or become a member of a nonprofit
corporation, limited liability company, or other nonprofit entity, the voting
membership of which shall be limited to community service boards, governmental
entities, nonprofit corporations, or a combination thereof, if such entity is
created for purposes that are within the powers of the community service board,
for the cooperative functioning of its members, or a combination thereof;
provided, however, that no funds provided pursuant to a contract between the
department and the community service board may be used in the formation or
operation of the nonprofit corporation, limited liability company, or other
nonprofit entity. No community service board, whether or not it exercises the
power authorized by this subsection, shall be relieved of compliance with
Chapter 14 of Title 50, relating to open and public meetings, and Article 4 of
Chapter 18 of Title 50, relating to inspection of public records, unless
otherwise provided by law.
(k)
No community service board shall employ or retain in employment, either directly
or indirectly through contract, any person who is receiving a retirement benefit
from the Employees' Retirement System of Georgia except in accordance with the
provisions of subsection (c) of Code Section 47-2-110; provided, however, that
any such person who is employed as of July 1, 2004, may continue to be
employed.
(l)
A community service board may join or form and operate, either directly or
indirectly, one or more networks of community service boards, disability or
health service professionals, and other providers of disability services or
health services to arrange for the provision of disability services or health
services through such networks; to contract either directly or through such
networks with the Department of Community Health to provide services to Medicaid
beneficiaries; to provide disability services or health services in an efficient
and cost-effective manner on a prepaid, capitation, or other reimbursement
basis; and to undertake other disability or health services related managed care
activities. For purposes of this subsection only and notwithstanding Code
Section 33-3-3 or any other provision of law, a community service board shall be
permitted to and shall comply with the requirements of Chapter 20A of Title 33
to the extent that such requirements apply to the activities undertaken by the
community service board or by a community service board under this subsection or
subsection (j) of this Code section. No community service board, whether or not
it exercises the powers authorized by this subsection, shall be relieved of
compliance with Article 4 of Chapter 18 of Title 50, relating to inspection of
public records, unless otherwise provided by law. Any licensed health care
provider shall be eligible to apply to become a participating provider under
such a plan or network that provides coverage for health care, disability
services, or health services which are within the lawful scope of the provider's
license, but nothing in this Code section shall be construed to require any such
plan or network to provide coverage for any specific health care, disability
service, or health service."
SECTION
2-59.
Said
Title 37 is further amended by revising Code Section 37-2-6.2, relating to
employees whose jobs include duties or functions which became duties or
functions of a community service board on July 1, 1994, rights, duties, and
benefits of employees, as follows:
"37-2-6.2.
(a)(1)
Those employees whose job descriptions, duties, or functions as of June 30,
1994, included the performance of employment duties or functions which will
become employment duties or functions of the personnel of a community service
board on July 1, 1994, shall become employees of the applicable community
service boards on and after July 1, 1994. Such employees shall be subject to
the employment practices and policies of the applicable community service board
on and after July 1, 1994. Employees who are subject to the
rules of
the State Personnel
Administration
Board
and who are transferred to a community service board shall retain all existing
rights under
the State
Personnel Administration
such
rules. Retirement rights of such
transferred employees existing under the Employees' Retirement System of Georgia
or other public retirement systems on June 30, 1994, shall not be impaired or
interrupted by the transfer of such employees and membership in any such
retirement system shall continue in the same status possessed by the transferred
employees on June 30, 1994, without any interruption in membership service and
without the loss of any creditable service. For purposes of coverage under the
Employees' Retirement System of Georgia, such employees transferred to the
community service boards on July 1, 1994, shall be deemed to be state employees.
Accrued annual and sick leave possessed by said employees on June 30, 1994,
shall be retained by said employees as employees of the community service board.
Any person who is granted employment rights and benefits as a member of a
community service board pursuant to this subsection and who later becomes
employed, without any break in service, by the department, Department of Human
Services, or Department of Public Health, a hospital thereof, another community
service board, a county board of health for which such person provides services
pursuant to this title, or a regional board shall retain, in that later
employment position, all such rights and benefits. Such rights and benefits
shall also be retained by any person who is employed on June 30, 1994, by the
former Division of Mental Health, Developmental Disabilities, and Addictive
Diseases (now known as the Department of Behavioral Health and Developmental
Disabilities) of the former Department of Human Resources, a hospital thereof, a
county board of health for which such person provides services pursuant to this
title, or a regional board and who later becomes employed, without any break in
service, by a community service board.
(2)
Classified employees of a community service board under this chapter shall in
all instances be employed and dismissed in accordance with rules and regulations
of the State Personnel
Administration
Board.
(3)
All rights, credits, and funds in the Employees' Retirement System of Georgia
which are possessed by personnel transferred by provisions of this Code section
to the community service boards are continued and preserved, it being the
intention of the General Assembly that such persons shall not lose any rights,
credits, or funds to which they may be entitled prior to becoming employees of
the community service boards.
(b)
As to those persons employed by the former Division of Mental Health,
Developmental Disabilities, and Addictive Diseases (now known as the Department
of Behavioral Health and Developmental Disabilities) of the former Department of
Human Resources, a hospital thereof, or a regional board on June 30, 1994, any
termination from state employment after that date of any such person who is a
member of the classified service shall not result from the anticipated or actual
employment or utilization by:
(1)
The department;
(2)
A regional board;
(3)
A community service board;
(4)
A hospital;
(5)
The Department of Human Services;
(6)
The Department of Public Health; or
(7)
Any private provider of disability services or health services of any person who
is not an employee of the state or a political subdivision thereof to perform
the duties and functions of such terminated state personnel unless such
termination and utilization is the result of a reduction in appropriations for
such duties or functions or is the result of a reduction in force caused by any
other state department or agency which has ceased to contract with the
department, the Department of Human Services, or the Department of Public Health
for the services which had been provided by the terminated state
personnel."
SECTION
2-60.
Title
38 of the Official Code of Georgia Annotated, relating to military, emergency
management, and veterans affairs, is amended by revising Code Section 38-2-132,
relating to administration of militia and Department of Defense, personnel, and
State Personnel Administration, as follows:
"38-2-132.
The
militia of the state shall be commanded and its affairs administered pursuant to
law by the Governor, as commander in chief, through the Department of Defense
and the military division thereof which shall consist of the adjutant general,
two assistant adjutants general, and such other officers, enlisted personnel,
and civilian employees as the adjutant general shall from time to time
prescribe; provided, however, that nothing
herein
in this Code
section shall be construed to prejudice
the status under the
rules of
the State Personnel
Administration
Board
of any person employed in the Military Division, Department of Defense. Such
other officers, enlisted personnel, and civilian employees shall perform such
duties as may be required by the adjutant general who shall fix their
compensation subject to the
rules of
the State Personnel
Administration
Board."
SECTION
2-61.
Said
Title 38 is further amended by revising Code Section 38-4-9, relating to the
commissioner of veterans service, employment of personnel, preference to
veterans, surviving spouses, and dependents, and advise Governor, board, and
General Assembly, as follows:
"38-4-9.
The
commissioner of veterans service is authorized and directed to employ competent
personnel to assist in the administration of the Department of Veterans Service.
The commissioner shall give reasonable preference to veterans, their surviving
spouses, and dependents in the matter of employment in the department; provided,
however, that competency and efficiency shall not be sacrificed because of
veteran affiliation, relationship, or service. It shall be the duty of the
commissioner to advise the Governor, the Veterans Service Board, and the General
Assembly as to needed veterans' legislation. As executive officer, the
commissioner shall have exclusive authority to employ personnel necessary to
carry out the purposes of this article and shall define the duties of employees,
assign their official stations, and fix their compensation subject to the
rules of
the State Personnel
Administration
Board."
SECTION
2-62.
Title
40 of the Official Code of Georgia Annotated, relating to motor vehicles and
traffic, is amended by revising Code Section 40-15-4, relating to motorcycle
safety coordinator authorized, duties, and requirements, as
follows:
"40-15-4.
(a)
The commissioner shall appoint a state-wide motorcycle safety coordinator who
shall carry out and enforce the provisions of this chapter and the rules and
regulations of the department. The coordinator shall be placed in the
unclassified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2 and shall serve at
the pleasure of the commissioner.
(b)
The coordinator shall also be authorized to:
(1)
Promote motorcycle safety throughout the state;
(2)
Provide consultation to the various departments of state government and local
political subdivisions relating to motorcycle safety; and
(3)
Do any other thing deemed necessary by the commissioner to promote motorcycle
safety in the state."
SECTION
2-63.
Title
42 of the Official Code of Georgia Annotated, relating to penal institutions, is
amended by revising Code Section 42-8-26, relating to qualifications of
probation supervisors, compensation and expenses, conflicts of interest, and
bonds, as follows:
"42-8-26.
(a)
In order for a person to hold the office of probation supervisor, he
or
she must be at least 21 years of age at
the time of appointment and must have completed a standard two-year college
course, provided that any person who is employed as a probation supervisor on or
before July 1, 1972, shall not be required to meet the educational requirements
specified in this Code section, nor shall he
or
she be prejudiced in any way for not
possessing the requirements. The qualifications provided in this Code section
are the minimum qualifications and the department is authorized to prescribe
such additional and higher educational qualifications from time to time as it
deems desirable, but not to exceed a four-year standard college
course.
(b)
The compensation of the probation supervisors shall be set
by
pursuant to
the rules of the State Personnel Board
and the
State Personnel Administration. Probation
supervisors shall also be allowed travel and other expenses as are other state
employees.
(c)(1)
No supervisor shall engage in any other employment, business, or activities
which interfere or conflict with his or her duties and responsibilities as
probation supervisor.
(2)
No supervisor shall own, operate, have any financial interest in, be an
instructor at, or be employed by any private entity which provides drug or
alcohol education services or offers a DUI Alcohol or Drug Use Risk Reduction
Program certified by the Department of Driver Services.
(3)
No supervisor shall specify, directly or indirectly, a particular DUI Alcohol or
Drug Use Risk Reduction Program which a probationer may or shall attend. This
paragraph shall not prohibit any supervisor from furnishing any probationer,
upon request, the names of certified DUI Alcohol or Drug Use Risk Reduction
Programs. Any supervisor violating this paragraph shall be guilty of a
misdemeanor.
(d)
Each probation supervisor shall give bond in such amount as may be fixed by the
department payable to the department for the use of the person or persons
damaged by his
or
her misfeasance or malfeasance and
conditioned on the faithful performance of his
or
her duties. The cost of the bond shall be
paid by the department; provided, however, that the bond may be procured, either
by the department or by the Department of Administrative Services, under a
master policy or on a group blanket coverage basis, where only the number of
positions in each judicial circuit and the amount of coverage for each position
are listed in a schedule attached to the bond; and in such case each individual
shall be fully bonded and bound as principal, together with the surety, by
virtue of his
or
her holding the position or performing the
duties of probation supervisor in the circuit or circuits, and his
or
her individual signature shall not be
necessary for such bond to be valid in accordance with all the laws of this
state. The bond or bonds shall be made payable to the
department."
SECTION
2-64.
Title
43 of the Official Code of Georgia Annotated, relating to professions and
businesses, is amended by revising Code Section 43-1-2, relating to appointment
and general powers of division director, members and meetings of professional
licensing boards, examination standards, roster of licensees, and funding, as
follows:
"43-1-2.
(a)(1)
There is created within the office of the Secretary of State the professional
licensing boards division as successor to the office of the joint-secretary of
the state examining boards. The Secretary of State is authorized and directed
to appoint a director of the professional licensing boards
division.
(2)
Any action of the joint-secretary taken with regard to any state examining board
prior to July 1, 2000, shall thereafter be deemed to be action taken by the
director of the professional licensing boards division and that division
director shall thereafter act in the stead of such joint-secretary and succeed
to the powers and duties of the joint-secretary with regard to those state
examining boards. The rights, privileges, entitlements, or duties of parties to
contracts, leases, agreements, or other transactions entered into by the
joint-secretary prior to July 1, 2000, shall continue to exist and shall not be
impaired or diminished by reason of the succession of the division director to
the powers and duties of the joint-secretary.
(b)
The salary of the division director shall be fixed by the Secretary of State,
and he or she shall hold office at the pleasure of the Secretary of
State.
(c)
The Secretary of State, notwithstanding any other provisions of law to the
contrary, shall employ personnel as deemed necessary to carry out this chapter
and to provide for all services required by each of the professional licensing
boards and shall establish within the guidelines provided by the laws and rules
and regulations of the State Personnel
Administration
Board
the qualifications of such personnel.
(d)
The division director, with the approval of the Secretary of State,
notwithstanding any other provisions of law to the contrary, shall enter into
such contracts as are deemed necessary to carry out this chapter to provide for
all services required by each of the professional licensing boards.
(e)
The Secretary of State, notwithstanding any other provisions of law to the
contrary, shall have the power to employ and shall set the qualifications and
salary for a deputy division director and shall appoint executive directors as
required who shall act in the absence of the division director and who shall
perform such other functions of the division director under this chapter as the
division director may designate. The deputy division director and executive
directors as appointed shall be in the unclassified service and shall be
excluded from the classified service as defined in Article 1 of Chapter 20 of
Title 45.
(f)
Notwithstanding any other provisions of law to the contrary, each member of the
various professional licensing boards may receive the expense allowance as
provided by subsection (b) of Code Section 45-7-21 and the same mileage
allowance for the use of a personal car as that received by all other state
officials and employees or a travel allowance of actual transportation cost if
traveling by public carrier within the state. Any board member shall also be
reimbursed for any conference or meeting registration fee incurred in the
performance of his or her duties as a board member. For each day's service
outside of the state as a board member, such member shall receive actual
expenses as an expense allowance as well as the same mileage allowance for the
use of a personal car as that received by other state officials and employees or
a travel allowance of actual transportation cost if traveling by public carrier
or by rental motor vehicle. Expense vouchers submitted by members of the
various professional licensing boards are subject to approval of the president
or chairperson of the respective board and the division director.
(g)
All meetings and hearings of the respective professional licensing boards shall
be held in the capitol, at the site of the office of the respective board, or at
such other site as may be requested by the chairperson or president of a
professional licensing board and approved by the division director.
(h)
A majority of the appointed members of a professional licensing board shall
constitute a quorum for the transaction of business by that board.
(h.1)
Members of a professional licensing board shall serve until the expiration of
the term for which they were appointed and until their successors have been
appointed and qualified unless otherwise specified under the provisions of this
title.
(i)
A schedule of all meetings and hearings of the various professional licensing
boards shall be maintained at the office of the division director and be
available for public review.
(j)
The division director may establish administrative standards for the examination
of applicants for licensure by the various professional licensing boards,
notwithstanding any other provisions of law to the contrary. These
administrative standards may include the setting of date, time, and location of
examinations, subject to the approval of the respective professional licensing
boards. Notwithstanding any other provisions of law to the contrary,
examination criteria, examination grading procedures, examination fees,
examination passing score requirements, and other matters pertaining to the
examination of applicants for licensure may be adopted by rules of the
respective professional licensing boards as necessary to implement such
examination standards. Examination standards, including examination criteria,
grading procedures, and passing score requirements, developed in agreement or in
conjunction with a national association of state boards or other related
national association for the administration of a nationally recognized uniform
examination may be adopted in lieu of state standards by the respective
professional licensing boards.
(k)
The division director shall prepare and maintain a roster containing the names
and addresses of all current licensees for each of the various professional
licensing boards. A copy of this roster shall be available to any person upon
request at a fee prescribed by the division director sufficient to cover the
cost of printing and distribution. The following shall be treated as
confidential and need not be disclosed without the approval of the professional
licensing board to which application is made:
(1)
Applications and other personal information submitted by applicants, except to
the applicant, staff, and the board;
(2)
Information, favorable or unfavorable, submitted by a reference source
concerning an applicant, except to the staff and the board;
(3)
Examination questions and other examination materials, except to the staff and
the board; and
(4)
The deliberations of the board with respect to an application, an examination, a
complaint, an investigation, or a disciplinary proceeding, except as may be
contained in official board minutes.
(l)
Funding for the office of the division director and the various professional
licensing boards served by such office shall be contained in a common budget
unit as defined in Part 1 of Article 4 of Chapter 12 of Title 45, the 'Budget
Act.'"
SECTION
2-65.
Said
Title 43 is further amended by revising Code Section 43-40-4, relating to the
office of commissioner, qualifications, restrictions, staff, oath, duties and
powers, and reimbursement, as follows:
"43-40-4.
(a)
There is established within the commission the office of real estate
commissioner.
(b)
The commissioner shall be a full-time employee of the commission and shall serve
as the chief executive officer of the commission. The commission shall in its
discretion appoint the commissioner and fix his
or
her annual salary. Any person, in order
to qualify for appointment to the office of commissioner, shall be a person of
good moral character and shall possess such qualifications as the commission may
require. The commissioner shall hold no interest in any real estate business or
related business while serving as commissioner. The commissioner, with the
approval of the commission, may employ and fix the compensation of a secretary,
investigators, and other staff to assist
him
the
commissioner in his
or
her duties. Such employees shall not be
placed in the classified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2, provided that
nothing in this chapter shall be construed to affect any employee in the
classified service
of the
State Personnel Administration as of July
1, 1981.
(c)
The commissioner shall take an oath to discharge faithfully the duties of his
or
her office.
(d)
The commissioner shall be charged with the duties and powers as delegated by the
commission.
(e)
The commissioner shall be allowed reimbursement for travel and other expenses
necessarily incurred in the performance of his
or
her duties, the same as other state
officers and employees, and shall receive payment of the same in the manner
provided for members of the commission."
SECTION
2-66.
Title
45 of the Official Code of Georgia Annotated, relating to public officers and
employees, is amended by revising Code Section 45-1-4, relating to complaints or
information from public employees as to fraud, waste, and abuse in state
programs and operations, as follows:
"45-1-4.
(a)
As used in this Code section, the term:
(1)
'Government agency' means any agency of federal, state, or local government
charged with the enforcement of laws, rules, or regulations.
(2)
'Law, rule, or regulation' includes any federal, state, or local statute or
ordinance or any rule or regulation adopted according to any federal, state, or
local statute or ordinance.
(3)
'Public employee' means any person who is employed by the executive, judicial,
or legislative branch of the state or by any other department, board, bureau,
commission, authority, or other agency of the state. This term also includes
all employees, officials, and administrators of any agency covered
under
by the rules
of the State Personnel
Administration
Board
and any local or regional governmental entity that receives any funds from the
State of Georgia or any state agency.
(4)
'Public employer' means the executive, judicial, or legislative branch of the
state; any other department, board, bureau, commission, authority, or other
agency of the state which employs or appoints a public employee or public
employees; or any local or regional governmental entity that receives any funds
from the State of Georgia or any state agency.
(5)
'Retaliate' or 'retaliation' refers to the discharge, suspension, or demotion
by a public employer of a public employee or any other adverse employment action
taken by a public employer against a public employee in the terms or conditions
of employment for disclosing a violation of or noncompliance with a law, rule,
or regulation to either a supervisor or government agency.
(6)
'Supervisor' means any individual:
(A)
To whom a public employer has given authority to direct and control the work
performance of the affected public employee;
(B)
To whom a public employer has given authority to take corrective action
regarding a violation of or noncompliance with a law, rule, or regulation of
which the public employee complains; or
(C)
Who has been designated by a public employer to receive complaints regarding a
violation of or noncompliance with a law, rule, or regulation.
(b)
A public employer may receive and investigate complaints or information from any
public employee concerning the possible existence of any activity constituting
fraud, waste, and abuse in or relating to any state programs and operations
under the jurisdiction of such public employer.
(c)
Notwithstanding any other law to the contrary, such public employer shall not
after receipt of a complaint or information from a public employee disclose the
identity of the public employee without the written consent of such public
employee, unless the public employer determines such disclosure is necessary and
unavoidable during the course of the investigation. In such event, the public
employee shall be notified in writing at least seven days prior to such
disclosure.
(d)(1)
No public employer shall make, adopt, or enforce any policy or practice
preventing a public employee from disclosing a violation of or noncompliance
with a law, rule, or regulation to either a supervisor or a government
agency.
(2)
No public employer shall retaliate against a public employee for disclosing a
violation of or noncompliance with a law, rule, or regulation to either a
supervisor or a government agency, unless the disclosure was made with knowledge
that the disclosure was false or with reckless disregard for its truth or
falsity.
(3)
No public employer shall retaliate against a public employee for objecting to,
or refusing to participate in, any activity, policy, or practice of the public
employer that the public employee has reasonable cause to believe is in
violation of or noncompliance with a law, rule, or regulation.
(4)
Paragraphs (1), (2), and (3) of this subsection shall not apply to policies or
practices which implement, or to actions by public employers against public
employees who violate, privilege or confidentiality obligations recognized by
constitutional, statutory, or common law.
(e)(1)
A public employee who has been the object of retaliation in violation of this
Code section may institute a civil action in superior court for relief as set
forth in paragraph (2) of this subsection within one year after discovering the
retaliation or within three years after the retaliation, whichever is
earlier.
(2)
In any action brought pursuant to this subsection, the court may order any or
all of the following relief:
(A)
An injunction restraining continued violation of this Code section;
(B)
Reinstatement of the employee to the same position held before the retaliation
or to an equivalent position;
(C)
Reinstatement of full fringe benefits and seniority rights;
(D)
Compensation for lost wages, benefits, and other remuneration; and
(E)
Any other compensatory damages allowable at law.
(f)
A court may award reasonable attorney's fees, court costs, and expenses to a
prevailing public employee."
SECTION
2-67.
Said
Title 45 is further amended by revising Code Section 45-2-41, relating to
committee of doctors to develop fitness standards, licensed physician to make
physical examination, contracts for assessments of employees, fee for committee
members and consultants, and certification, as follows:
"45-2-41.
(a)
The commissioner of
personnel
administration
administrative
services, subject to the approval of the
State Personnel Board, shall appoint up to five doctors of medicine licensed by
the state and other specialists, as appropriate, to develop standards of medical
and physical fitness required for persons about to be appointed to positions in
the state service. Such standards shall be related to the duties required of
specific positions in the state service. The commissioner of
personnel
administration
administrative
services shall develop the forms to secure
the information needed to determine if prospective employees meet the medical
and physical fitness standards required to perform the essential functions of
the relevant position.
(b)
If a physical examination is required by the standards of medical and physical
fitness, a licensed medical practitioner may perform the assessment and report
the findings to a physician in the employ of or under contract with the state or
respective employing department. The licensed medical practitioner may be of the
applicant's choice and at the applicant's expense or may be a licensed physician
in the employ of or under contract with the state or respective employing
department. When the licensed physician is in the employ of or under contract
with the state or respective employing department, the assessment and findings
shall be made to the respective department and shall be final, except as
provided in the State Personnel Board rules.
(c)
The commissioner of
personnel
administration
administrative
services may, through a competitive
proposal process, enter into an agreement on behalf of the departments to
contract with medical practitioners for the purpose of conducting assessments
for medical and physical fitness as required by the standards of medical and
physical fitness. In such case, each department may use the selected contractor
as an expense of a departmental employee selection process or may recommend that
prospective employees seek the examination at the contractor's site at the
prospective employee's expense. If the prospective employee chooses to use a
medical practitioner other than one selected by the department or under contract
with the state on behalf of the department, the findings and recommendations of
such other practitioner shall be furnished to the medical practitioner selected
by the department or under contract with the state on behalf of the department
for final determination of the medical and physical fitness of the prospective
employee. Expenses for the medical practitioner under contract with the state on
behalf of the department shall be paid by the respective employing department
based upon the services provided by such medical practitioner.
(d)
The State Personnel Board is authorized to establish a fee and make payment of
same to the consultants appointed by the commissioner of
personnel
administration
administrative
services for services rendered in the
development of standards of medical and physical fitness for state employees;
provided, however, that no state employee shall receive additional compensation
for services as a consultant for developing the standards of medical and
physical fitness.
(e)
The certification required by Code Section 45-2-40 shall be completed as
required in the rules of the State Personnel Board; provided, however, that if a
physical examination is required by the standards for medical and physical
fitness, the physical examination shall be completed prior to the date of
appointment, and the reporting of results shall occur within a prescribed number
of calendar days from the date of appointment."
SECTION
2-68.
Said
Title 45 is further amended by revising Code Section 45-2-44, relating to State
Personnel Board to adopt rules and regulations and expenditure of funds, as
follows:
"45-2-44.
The
State Personnel Board, subject to the approval of the Governor, shall adopt and
promulgate rules and regulations for the administration of this article. The
board, through the commissioner of
personnel
administration
administrative
services, is authorized to expend
allocated funds for the necessary forms and other incidental administrative
expenses in effectuating this article. All other expenses shall be borne by the
prospective employee or the respective employing department in accordance with
the rules of the board."
SECTION
2-69.
Said
Title 45 is further amended by revising Code Section 45-7-4, relating to annual
salaries of certain state officials and cost-of-living adjustments, as
follows:
"45-7-4.
(a)
The annual salary of each of the state officials listed below shall be as
follows:
|
(1)
Governor
|
$
60,000.00
|
|
An
allowance in an amount specified in the appropriations Act shall also be
provided for the operation of the Governor's mansion.
|
|
|
(2)
Lieutenant Governor
|
54,920.00
|
|
(3)
Adjutant general
|
|
|
The
adjutant general shall continue to receive the pay and allowances under the same
procedure as provided by law.
|
|
|
(4)
Commissioner of Agriculture
|
100,429.00
|
|
(5)
Attorney General
|
114,633.00
|
|
(6)
Reserved.
|
|
|
(7)
Commissioner of Insurance
|
100,396.00
|
|
(8)
Reserved.
|
|
|
(9)
Commissioner of Labor
|
100,418.00
|
|
The
above amount of salary for the Commissioner of Labor shall include any
compensation received from the United States
government,
and the amount of state funds paid shall be reduced by the amount of
compensation received from the United States government.
|
|
|
(10)
Reserved.
|
|
|
(11)
Each member of the Public Service Commission
|
96,655.00
|
|
(12)
Reserved.
|
|
|
(13)
State School Superintendent
|
102,708.00
|
|
(14)
Secretary of State
|
102,708.00
|
|
(15)
Reserved.
|
|
|
(16)
Reserved.
|
|
|
(17)
Reserved.
|
|
|
(18)
Each Justice of the Supreme Court
|
139,418.00
|
|
(19)
Each Judge of the Court of Appeals
|
138,556.00
|
|
(20)
Each superior court judge
|
99,862.00
|
|
Each
superior court judge shall also receive any supplement paid to such judge by the
county or counties of such judge's judicial circuit as may be provided for by
law. Each superior court judge shall also receive reimbursement of travel
expenses as provided by law.
|
|
|
(21)
Each district attorney
|
107,905.00
|
|
Each
district attorney shall also receive any supplement paid to such district
attorney by the county or counties of such district attorney's judicial circuit
as may be provided for by law. Each district attorney shall also receive
reimbursement of travel expenses as provided by law.
|
|
|
(22)
Each member of the General Assembly
|
16,200.00
|
(A)
Reserved.
(B)
Each member of the General Assembly shall also receive the allowances provided
by law. The amount of the daily expense allowance which each member is entitled
to receive under the provisions of Code Section 28-1-8 shall be as provided in
that Code section. The mileage allowance for the use of a personal car on
official business shall be the same as that received by other state officials
and employees.
(C)
In addition to any other compensation and allowances authorized for members of
the General Assembly, each member may be reimbursed for per diem differential
and for actual expenses incurred in the performance of duties within the state
as a member of the General Assembly in an amount not to exceed $7,000.00 per
year. Expenses reimbursable up to such amount shall be limited to one or more
of the following purposes: lodging, meals, per diem differential, postage,
personal services, printing and publications, rents, supplies (including
software), telecommunications, transportation, utilities, and purchasing or
leasing of equipment. If equipment purchased by a member has a depreciated
value of $100.00 or less when such member leaves office, the equipment does not
need to be returned to the state. No reimbursement shall be made for any
postage which is used for a political newsletter. No reimbursement shall be
paid for lodging or meals for any day for which a member receives the daily
expense allowance as provided in this paragraph. Such expenses shall be
reimbursed upon the submission of sworn vouchers to the legislative fiscal
office. Such sworn vouchers shall be accompanied by a supporting document or
documents showing payment for each expense claimed or an explanation of the
absence of such documentation. No sworn voucher or supporting document shall be
required for per diem differential.
(D)
The amount of per diem differential which may be claimed for each day under
subparagraph (C) of this paragraph shall be the difference between the daily
expense allowance authorized for members of the General Assembly and $119.00;
provided, however, that the
general
appropriations
General
Appropriations Act for any fiscal year may
increase such amount of $119.00 per day to an amount not in excess of the
federal per diem rate then in effect for the state capital as specified by the
General Services Administration. Per diem differential shall be paid by the
legislative fiscal office to the member upon the member's notification to the
legislative fiscal office of the days for which the daily expense allowance was
received for which the member wishes to claim the per diem differential, and the
legislative fiscal office shall keep a record of the days for which per diem
differential is so claimed and paid.
(E)
For the purposes of this paragraph, a year shall begin on the convening date of
the General Assembly in regular session each year and end on the day prior to
the convening of the General Assembly in the next calendar year. Any voucher or
claim for any reimbursement for any year as defined in this paragraph shall be
submitted no later than the fifteenth of April immediately following the end of
such year. No reimbursement shall be made on any voucher or claim submitted
after that date. Any amounts remaining in such expense account at the end of
the first year of the two year biennium may be claimed for expenses incurred
during the second year of the two year biennium. Any amounts remaining in any
expense account which are not so claimed by April 15 of the year following the
second year of the biennium and any amounts claimed which are returned as
hereafter provided for in this paragraph shall lapse and shall be remitted by
the legislative fiscal office to the general fund of the state treasury. Any
former member of the General Assembly may be reimbursed for expenses incurred
while a member of the General Assembly upon compliance with the provisions of
this paragraph. The Legislative Services Committee is empowered to provide such
procedures as it deems advisable to administer the provisions of this paragraph,
including, but not limited to, definitions of the above list of items for which
reimbursement may be made and the form of the voucher or claim which must be
submitted to the legislative fiscal office. In the event of any disagreement as
to whether any reimbursement shall be made or any allowance shall be paid, the
Legislative Services Committee shall make the final determination. In the event
any reimbursement is made or any allowance is paid and it is later determined
that such reimbursement or payment was made in error, the person to whom such
reimbursement or payment was made shall remit to the legislative fiscal office
the amount of money involved. In the event any such person refuses to make such
remittance, the legislative fiscal office is authorized to withhold the payment
of any other moneys to which such person is entitled until the amount of such
reimbursement or payment which was made in error shall be realized.
|
(23)
Speaker of the House of Representatives
|
17,800.00
|
|
The
Speaker of the House of Representatives shall also receive the salary and
allowances authorized as a member of the General Assembly. Upon the taking of
office by the members of the General Assembly on the convening day of the
regular session of the General Assembly in 1983, the annual salary of the
Speaker of the House of Representatives shall become $22,800.00. After such
date, the Speaker shall also receive as additional salary a sum equal to the
amount of salary over $30,000.00 per annum which is received by the Lieutenant
Governor as of that date or thereafter; and the salary of the Speaker shall be
adjusted at the beginning of each term so as to include such additional
sum.
|
|
|
(24)
President Pro Tempore of the Senate
|
4,800.00
|
|
The
President Pro Tempore of the Senate shall also receive the salary and allowances
authorized as a member of the General Assembly.
|
|
|
(25)
Speaker Pro Tempore of the House of Representatives
|
4,800.00
|
|
The
Speaker Pro Tempore of the House of Representatives shall also receive the
salary and allowances authorized as a member of the General
Assembly.
|
|
(b)
As a cost-of-living adjustment except as qualified below as to members and
member-officers of the General Assembly, the annual salary of each state
official whose salary is established by Code Section 45-7-3, this Code section,
and Code Sections 45-7-20 and 45-7-21, including members of the General
Assembly, the Speaker of the House of Representatives, the President Pro Tempore
of the Senate, and the Speaker Pro Tempore of the House of Representatives, may
be increased by the General Assembly in the General Appropriations Act by a
percentage not to exceed the average percentage of the general increase in
salary as may from time to time be granted to employees of the executive,
judicial, and legislative branches of government. However, any increase for
such officials shall not include within-grade step increases for which
classified
employees of the State Personnel
Administration
employees
subject to compensation plans authorized and approved in accordance with Code
Section 45-20-4 are eligible. Any
increase granted pursuant to this subsection shall become effective at the same
time that funds are made available for the increase for such employees, except
increases for members and member-officers of the General Assembly. That portion
of the increase determined by the Legislative Services Committee to reflect a
cost-of-living increase based upon objective economic criteria shall become
effective for members and member-officers at the same time that funds are made
available for the increase for such employees. The balance of the increase for
members and member-officers of the General Assembly shall become effective on
the convening of the next General Assembly in January of the next odd-numbered
year. The Office of Planning and Budget shall calculate the average percentage
increase.
(c)
The annual salary being received on June 30, 1980, shall be increased by 8
percent for each state official listed in subsection (a) of this Code section
who:
(1)
Is not a member of the General Assembly; and
(2)
Is not a contributing member of a state retirement system and, therefore, does
not benefit by or participate in any program whereunder a portion of the
employee contributions to the state retirement system are made on behalf of the
employee by the employer."
SECTION
2-70.
Said
Title 45 is further amended by revising Code Section 45-7-54, relating to
voluntary contributions by state government employees through payroll deductions
to certain not for profit organizations, as follows:
"45-7-54.
(a)
Any department, agency, authority, or commission of the state is authorized to
deduct designated amounts from the salaries or wages of its employees and remit
such moneys to not for profit organizations, associations, or corporations
providing tangible services and benefits to state government or its employees.
Except as provided in subsection (b) of this Code section, no such deduction
shall be made unless at least 2,500 of the full-time employees of the state
request such deduction. Where 2,500 or more full-time employees of the state
request payroll deduction services to any not for profit organization,
association, or corporation having among its objectives educational,
legislative, or professional development activities related to promoting and
enhancing the efficiency, productivity, and welfare of state government services
or of state government employees, then the state shall provide such deductions
as an additional employment benefit to its employees.
(b)
Where 500 or more full-time state employees who are employed in the Division of
Family and Children Services or in the law enforcement, corrections officer, or
registered nursing disciplines request payroll deduction services to any not for
profit association having among its specific objectives (1) professional
development activities related to such employment, (2) the provision of
assistance to or on behalf of persons who are killed, injured, in need of
medical attention, or otherwise in need of assistance while engaged in such
employment or as a result of such employment, or (3) promoting or enhancing law
enforcement, corrections, or registered professional nursing in the State of
Georgia, then the state shall provide such deductions as an additional
employment benefit to its employees. This provision shall not be interpreted to
require the agency or state to provide the funds for any employee's dues or
contributions.
(c)
The commissioner of
the State
Personnel Administration
administrative
services shall have the authority to
administer this Code section and to determine and compel compliance with its
provisions.
(d)
No deduction shall be made under this Code section without the express written
and voluntary consent of the employee. Each such request shall designate the
exact amount to be deducted. Any employee who consents to such deduction is
authorized to terminate the deduction with two weeks' written notice to the
department, agency, authority, or commission.
(e)
No deduction shall be made under this Code section to any organization,
association, or corporation which engages in collective bargaining with the
state or encourages its members to strike or stop work.
(f)
Each department, agency, authority, or commission of the state shall collect
from the deductions withheld a cost of administration fee not to exceed 1
percent of the total deduction collected.
(g)
No person shall disclose to any other person the name of any employee deducting
amounts, or the organizations, associations, or corporations designated, except
as is necessary to accomplish the purpose of this article or as otherwise
authorized in writing by the individual employee.
(h)
Departments, agencies, authorities, and commissions and their employees shall
not incur any liability for errors or omissions made in performance of the
payroll deduction agreement between the state and the employee, provided that
this Code section does not confer immunity from criminal or civil liability for
conversion, theft by conversion, theft by taking, theft by extortion, theft by
deception, or any other intentional misappropriation of the money or property of
another."
SECTION
2-71.
Said
Title 45 is further amended by revising Code Section 45-10-20, relating to
definitions, as follows:
"45-10-20.
As
used in this part, the term:
(1)
'Agency' means any agency, authority, department, board, bureau, commission,
committee, office, or instrumentality of the State of Georgia but shall not mean
a political subdivision of the State of Georgia.
(2)
'Business' means any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual, trust, or other
legal entity.
(3)
'Employee' means any person who, pursuant to a written or oral contract, is
employed by an agency.
(4)
'Family' means spouse and dependents.
(5)
'Full-time' means 30 hours of work for the state per week for more than 26 weeks
per calendar year.
(6)
'Limited powers' means those powers other than state-wide powers.
(7)
'Part-time' means any amount of work other than full-time work.
(8)
'Person' means any person, corporation, partnership, proprietorship, firm,
enterprise, franchise, association, organization, or other legal
entity.
(9)
'Public official' means any person elected to a state office and means any
person appointed to a state office where in the conduct of such office the
person so appointed has administrative and discretionary authority to receive
and expend public funds and to perform certain functions concerning the public
which are assigned to him
or
her by law.
(10)
'State-wide powers' means those powers exercised by public officials which
affect and influence all of state government. Public officials who exercise
such powers include but are not limited to the Governor, the Lieutenant
Governor, members of the General Assembly, Justices of the Supreme Court, Judges
of the Court of Appeals, the Secretary of State, the Attorney General, the state
auditor, the state accounting officer, the commissioner of administrative
services,
the
commissioner of the State Personnel Administration
and members of the State Personnel Board,
the director of the Office of Planning and Budget, judges of the superior
courts, and district attorneys.
(11)
'Substantial interest' means the direct or indirect ownership of more than 25
percent of the assets or stock of any business.
(12)
'Transact business' or 'transact any business' means to sell or lease any
personal property, real property, or services on behalf of oneself or on behalf
of any third party as an agent, broker, dealer, or representative and means to
purchase surplus real or personal property on behalf of oneself or on behalf of
any third party as an agent, broker, dealer, or
representative."
SECTION
2-72.
Said
Title 45 is further amended by revising Code Section 45-10-27, relating to
construction of part with rules and regulations of the State Personnel
Administration, as follows:
"45-10-27.
This
part shall in no way
amend or
repeal any statute
supersede any
provision of Chapter 20 of this title or any
rule or regulation promulgated pursuant
thereto
pertaining
to the State Personnel
Administration."
SECTION
2-73.
Said
Title 45 is further amended by revising Code Section 45-12-72, relating to
establishment of Office of Planning and Budget, and general provisions, as
follows:
"45-12-72.
(a)
There is established in the office of the Governor the Office of Planning and
Budget as a separate budget unit for the purpose of promoting economy and
efficiency in the fiscal management of the state government. The Governor shall
be ex officio director of the budget.
(b)
The Governor, through the Office of Planning and Budget, shall have such
supervision of every public department, agency, and institution as shall be
necessary to secure uniformity and accuracy of accounts and efficient conduct of
its fiscal affairs. He may inquire into the methods of conducting the affairs
of any public body; he may prescribe and direct the use of such forms of
accounts, records, and reports as may be necessary to further efficiency and an
adequate system of records for budget-making purposes; and he may prescribe and
direct the use of standards of efficiency for public employees, including the
establishment of working hours.
(c)
The administrative head of the Office of Planning and Budget is the director of
the Office of Planning and Budget, who shall be appointed by the Governor to
serve at the Governor's pleasure. The director shall be responsible for
management of the office and shall exercise supervision and control over the
office. The director of the Office of Planning and Budget is authorized to
employ such other professional, technical, and clerical personnel as the
director may deem necessary to carry out the duties prescribed in this part.
Except as otherwise provided in this subsection, the employees of the Office of
Planning and Budget shall be governed by the rules and regulations of the State
Personnel Board, under Article 1 of Chapter 20 of this title. The Office of
Planning and Budget shall pay its
pro
rata share of the administrative cost of
operating the
State
Personnel Administration,
state system
of personnel management in the manner
prescribed in
Article 1
of Chapter 20 of this title
Code Section
45-20-4. All employees in the position
classification policy coordinator shall be in the unclassified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2. Any and all salary
increases for such employees shall be based, in part, on each individual
employee's job performance as measured by a standard operative appraisal system
and, in part, on general increases given to all state employees. The Governor
is authorized to delegate to the director of the Office of Planning and Budget
such powers, duties, and authority under this part as the Governor deems
advisable; and the Governor shall have the right to retract any such delegation
at any time.
(d)
The Attorney General, the state treasurer, the Comptroller General, the state
revenue commissioner, and the state auditor shall render such advice and
assistance and furnish such information to the Office of Planning and Budget as
may be requested and needed."
SECTION
2-74.
Said
Title 45 is further amended by revising Code Section 45-15-30, relating to the
Department of Law, assistants, deputies, and other support personnel,
determination of duties, salaries, and effect promotions, limitation on private
practice of law, and disclosure requirement for assistant attorney general
representing criminal defendant, as follows:
"45-15-30.
There
is created a Department of Law with the Attorney General at the head thereof and
with such numbers of deputy attorneys general, assistant attorneys general,
special assistant attorneys general, other attorneys, paraprofessional
personnel, and other employees or independent contractors as the Attorney
General shall deem necessary to carry out the functions of the Attorney General
and the Department of Law. The Attorney General is authorized to determine the
title and to change the title of any attorney or other employee of the
Department of Law or any attorney at law under independent contract to the
Department of Law in order to define the duties and responsibilities of any
attorney or other employee of the said department and to establish salaries and
effect promotions of any such attorney or other employee of the said department,
except that those positions in the department which are within the classified
service of
the State Personnel Administration on
April 18, 1975, shall be covered by the
State
Personnel Administration according to
procedures prescribed by the State Personnel Board. Neither the Attorney
General nor any other attorney at law employed full time by the Department of
Law shall engage in the private practice of law during his
or
her term of appointment. Attorneys at law
under independent contract to the Department of Law may engage in the private
practice of law even though they may have been appointed or designated either
specially or generally as assistant attorneys general or attorneys.
Notwithstanding that any attorney at law under independent contract to the
Department of Law has been appointed or designated either specially or generally
as an assistant attorney general and thus is identified with the State of
Georgia as its representative for cases arising within the scope of that
appointment or designation, representation of a defendant in criminal
proceedings by that assistant attorney general shall not constitute a conflict
of interest if that assistant attorney general provides written disclosure of
such appointment or designation to the defendant prior to accepting employment
by that defendant or, when a court has appointed an assistant attorney general
to represent an indigent criminal defendant, disclosures to the defendant and to
the court, to be reflected in the record of that court, such appointment or
designation as assistant attorney general."
SECTION
2-75.
Said
Title 45 is further amended by revising Code Section 45-16-11, relating to
compensation of county coroners, increases, calculation, supplements, and
expenses, as follows:
"45-16-11.
(a)(1)
Any other law to the contrary notwithstanding, the minimum annual salary of each
coroner in any of the counties in this state in the following population
brackets shall be fixed according to the population of the county in which he or
she serves, as determined by the United States decennial census of 1990 or any
future such census. Except as otherwise provided in paragraph (2) of this
subsection, each such coroner shall receive an annual salary, payable in equal
monthly installments from the funds of the coroner's county, of not less than
the amount fixed in the following schedule:
|
Population Minimum
Salary
|
|
|
0 — 11,889
|
$
1,200.00
|
|
11,890
— 19,999
|
2,400.00
|
|
20,000
— 34,999
|
3,600.00
|
(2)
On and
after July 1, 2001, whenever
Whenever
the
state
employees
in the
classified service of the State Personnel Administration
receive
subject to
compensation plans authorized and approved in accordance with Code Section
45-20-4 receive a cost-of-living increase
or general performance based increase of a certain percentage or a certain
amount, the amounts fixed in the minimum salary schedule in paragraph (1) of
this subsection, and in Code Section 45-16-11.1, or the amounts derived by
increasing each of said amounts through the application of longevity increases
pursuant to subsection (b) of this Code section, where applicable, shall be
increased by the same percentage or same amount applicable to such state
employees. If the cost-of-living increase or general performance based increase
received by state employees is in different percentages or different amounts as
to certain categories of employees, the amounts fixed in the minimum salary
schedule in paragraph (1) of this subsection, and in Code Section 45-16-11.1, or
the amounts derived through the application of longevity increases, shall be
increased by a percentage or an amount not to exceed the average percentage or
average amount of the general increase in salary granted to the state employees.
The Office of Planning and Budget shall calculate the average percentage
increase or average amount increase when necessary. The periodic changes in the
amounts fixed in the minimum salary schedule in paragraph (1) of this
subsection, and in Code Section 45-16-11.1, or the amounts derived through the
application of longevity increases, as authorized by this paragraph shall become
effective on the first day of January following the date that the cost-of-living
increases received by state employees become effective; provided, however, that
if the cost-of-living increases or general performance based increases received
by state employees become effective on January 1, such periodic changes in the
amounts fixed in the minimum salary schedule in paragraph (1) of this
subsection, and in Code Section 45-16-11.1, or the amounts derived through the
application of longevity increases, as authorized by this paragraph shall become
effective on the same date that the cost-of-living increases or general
performance based increases received by state employees become
effective.
(3)
The county governing authority may supplement the minimum annual salary of the
coroner in such amount as it may fix from time to time; but no coroner's
compensation supplement shall be decreased during any term of office. Any prior
expenditure of county funds to supplement the coroner's salary in the manner
authorized by this paragraph is ratified and confirmed. Nothing contained in
this paragraph shall prohibit the General Assembly by local law from
supplementing the annual salary of the coroner.
(b)
The amounts provided in paragraph (1) of subsection (a) of this Code section and
Code Section 45-16-11.1, as increased by paragraph (2) of subsection (a) of this
Code section, shall be increased by multiplying said amounts by the percentage
which equals 5 percent times the number of completed four-year terms of office
served by any coroner after December 31, 2000, effective the first day of
January following the completion of each such period of service.
(c)
The minimum salaries provided for under this Code section shall be in addition
to any fees paid by the county governing authority to the coroner on a per-call
basis and in addition to any expenses.
(d)
The minimum salaries provided for in this Code section shall be considered as
salary only. Expenses for deputies, equipment, supplies, copying equipment, and
other necessary and reasonable expenses for the operation of a coroner's office
shall come from funds other than the funds specified as salary in this Code
section.
(e)
This Code section shall not be construed to reduce the salary of any coroner in
office on July 1, 2001; provided, however, that successors to such coroners in
office on July 1, 2001, shall be governed by the provisions of this Code
section. All local legislation in effect on July 1, 2001, or enacted thereafter
affecting compensation for coroners of the various counties shall be of full
force and effect except where the same provides for a salary lower than provided
in this Code section, in which event this Code section shall
prevail."
SECTION
2-76.
Said
Title 45 is further amended by revising Code Section 45-18-50, relating to
definitions, as follows:
"45-18-50.
As
used in this article, the term:
(1)
'Board'
means the State Personnel Board
Reserved.
(2)
'Council' means the Employee Benefit Plan Council established in Code Section
45-18-51.
(3)
'Employee' means a member of the General Assembly or a person who works full
time for the state and receives his
or
her compensation in a direct payment from
a department, agency, authority, or institution of state government; a county
department of family and children services or a county department of health; the
Federal-State Shipping Point Inspection Service; the Georgia Firefighters'
Pension Fund; a member of any local board of education; and public
schoolteachers
school
teachers and public school employees as
defined in Code Sections 20-2-880 and 20-2-910, exclusive of the members,
employees, and officials of the Board of Regents of the University System of
Georgia.
(4)
'Full time' means the employment of a person who works at least 30 hours per
week and whose employment is intended to be continuing employment. This would
exclude any student, seasonal, intermittent, or part-time employment; provided,
however, that public
schoolteachers
school
teachers and public school employees as
defined in Code Sections 20-2-880 and 20-2-910 shall be deemed to be employed
full time for the purposes of this article. This would also exclude employment
intended for only a very limited duration or in a sheltered employment program
for the purpose of training or transitioning a person into the continued
employment environment."
SECTION
2-77.
Said
Title 45 is further amended by revising Code Section 45-18-51, relating to
creation of council, membership, terms of office, and vacancies, compensation
and expense reimbursement, officers, executive secretary and staff support,
meetings, adoption of procedures, and promulgation of rules and regulations, as
follows:
"45-18-51.
(a)(1)
There is created an Employee Benefit Plan Council consisting of the following
ten members appointed by the Governor:
(A)
The five members of the State Personnel Board who shall serve for terms of
office which correspond with their terms of office on the State Personnel
Board;
(B)
Two department heads who have employees eligible to participate in the employee
benefit plans, which department heads shall serve for terms of office of four
years; provided, however, that the initial term of one of such appointees shall
be two years; and provided, further, that the office of such a member shall
become vacant if he
or
she ceases to be a department
head;
(C)
Two state employees who are eligible to participate in the employee benefit
plans, which state employees shall serve for terms of office of four years;
provided, however, that the initial term of one of such appointees shall be two
years; and provided, further, that the office of such a member shall become
vacant if he
or
she ceases to be a state employee;
and
(D)
One member from a corporation domiciled in the State of Georgia that insures or
administers employee benefit plans, which member shall serve for a term of
office of four years.
(2)
Successors to the members of the council provided in paragraph (1) of this
subsection shall have the same qualifications and shall be appointed by the
Governor for terms of office of four years and until their successors are
appointed and qualified. A vacancy on the council shall be filled by the
Governor appointing a successor who possesses the same qualifications as his
or
her predecessor and who shall serve for
the unexpired term.
(b)
The members of the council who are in state employment shall serve without
compensation but, subject to fund availability, shall be reimbursed by the state
department in which they are employed for all necessary expenses that may be
incurred in the performance of their duties under this article in accordance
with state travel regulations promulgated by the State Accounting Office
in the same
manner that employees of the State Personnel Administration are
reimbursed. For those councilmembers who
are not in state employment, the expense and mileage allowance shall be the same
as that authorized for the General Assembly and shall be payable, subject to
fund availability, from the
State
Personnel Administration
Department of
Administrative Services.
(c)
The Governor shall appoint one member to act as
chairman
chairperson
for a term specified by the Governor until a successor is duly appointed. The
council shall elect one of its members as
vice-chairman
vice-chairperson
to act in the absence of the
chairman
chairperson.
If the office of
chairman
chairperson
is vacated for any reason, the Governor shall appoint a successor.
(d)
Meetings of the council shall be scheduled at the discretion of the council
chairman
chairperson
and, where feasible, concomitant with the meetings of the State Personnel Board
as provided in Chapter 20 of this title. All meetings of the council shall be
open to the public.
(e)
The council shall adopt procedures for the conduct of its
activities.
(f)
The commissioner of
personnel
administration
administrative
services shall serve as executive
secretary to the council and provide the council with staff support and other
assistance in carrying out its duties.
(g)
In the promulgation of rules and regulations, the council shall be governed by
Chapter 20 of this title."
SECTION
2-78.
Said
Title 45 is further amended by revising Code Section 45-18-55, relating to
commissioner of personnel administration as executive officer and custodian, as
follows:
"45-18-55.
The
commissioner of
personnel
administration
administrative
services shall be the executive officer
for the administration of this article and the custodian of such fund or funds
as may be required in the implementation of this article. The commissioner of
personnel
administration
administrative
services shall employ such personnel as
may be necessary to carry out his
or
her duties and responsibilities under this
article."
SECTION
2-79.
Said
Title 45 is further amended by revising Code Section 45-18-70, relating to
establishment and operation of the Capitol Hill Day-care Center, as
follows:
"45-18-70.
Notwithstanding
any other provisions of law, the commissioner of
personnel
administration
administrative
services in conjunction with the Georgia
Building Authority is authorized by contract or otherwise to establish, equip,
and operate a day-care center as a capitol hill pilot program for the purpose of
serving children who are members of households of employees of state government
in and around the state capitol. The commissioner of
personnel
administration
administrative
services in conjunction with the Georgia
Building Authority is authorized to establish or provide for the establishment
of appropriate fees and charges to be chargeable against the state employees who
are beneficiaries of services provided by such facility to pay for the cost of
their operation and to accept money, equipment, or other property donated for
use in connection with the facility."
SECTION
2-80.
Said
Title 45 is further amended by revising Code Section 45-18-72, relating to
start-up costs, as follows:
"45-18-72.
The
commissioner of
personnel
administration
administrative
services shall present recommendations no
later than December 1, 1986, for funding any start-up costs of the pilot
project."
SECTION
2-81.
Said
Title 45 is further amended by revising Code Section 45-19-22, relating to
definitions, as follows:
"45-19-22.
As
used in this article, the term:
(1)
'Administrator' means the administrator of the Commission on Equal Opportunity
provided for by Code Section 45-19-24, which agency is
comprised
composed
of an Equal Employment Division and a Fair Housing Division.
(2)
'Board' means the Board of Commissioners of the Commission on Equal Opportunity
created by Code Section 45-19-23.
(3)
'Disability' means a physical or mental impairment which substantially limits
one or more of a person's major life activities, unless an employer demonstrates
that the employer is unable to accommodate reasonably to an employee's or
prospective employee's disability without undue hardship on the conduct of the
employer's operation.
(4)
'Discrimination' means any direct or indirect act or practice of exclusion,
distinction, restriction, segregation, limitation, refusal, denial, or any other
act or practice of differentiation or preference in the treatment of a person or
persons because of race, color, religion, national origin, sex, handicap, or age
or the aiding, abetting, inciting, coercing, or compelling of such an act or
practice. This term shall not include any direct or indirect act or practice of
exclusion, distinction, restriction, segregation, limitation, refusal, denial,
or any other act or practice of differentiation or preference in the treatment
of a person or persons because of religion if an employer demonstrates that the
employer is unable to accommodate reasonably an employee's or prospective
employee's religious observance or practice without undue hardship on the
conduct of the employer's operation.
(5)
'Public employer' or 'employer' means any department, board, bureau, commission,
authority, or other agency of the state which employs 15 or more employees
within the state for each working day in each of 20 or more calendar weeks in
the current or preceding calendar year. A person elected to public office in
this state is a public employer with respect to persons holding positions or
individuals applying for positions which are subject to the
state system
of personnel administration created by Chapter 20 of this title, including the
rules and regulations promulgated by the
State Personnel
Administration
Board
or any personnel merit system of any agency or authority of this state. A person
elected to public office in this state is not a public employer with respect to
persons holding positions or individuals applying for positions on such
officer's personal staff or on the policy-making level or as immediate advisers
with respect to the exercise of the constitutional or legal powers of the office
held by such officer.
The term
'public employer' shall include the State Personnel Administration whether or
not such agency is the immediate employer of the party or parties claiming to be
aggrieved.
(6)
'Public employment' means employment by any department, board, bureau,
commission, authority, or other agency of the State of Georgia.
(7)
'Religion' means all aspects of religious observance and practice as well as
belief.
(8)
'Unlawful practice' means an act or practice declared to be an unlawful practice
in Code Sections 45-19-29 through 45-19-31, 45-19-32, or
45-19-45."
SECTION
2-82.
Said
Title 45 is further amended by revising Code Section 45-21-1, relating to
definitions, as follows:
"45-21-1.
As
used in this chapter, the term:
(1)
'Agency' means any agency as defined in Code Section 45-20-2, any authority, or
any public corporation, but shall not include the board of regents and units of
the University System of Georgia.
(2)
'Appointing authority' means a person or group of persons authorized by law or
delegated authority to make appointments to fill employee positions in the
legislative, judicial, or executive branch of state government.
(3)
'Board' means the State Personnel Board.
(4)
'Commissioner' means the commissioner of
personnel
administration
administrative
services or his or her
designee.
(5)
'Goal based plan' means a plan developed by the board or other appointing
authority under subsection (d) of Code Section 45-21-2 designed to measure
performance against business objectives or performance targets.
(6)
'Incentive compensation plan' means a plan developed by the board under Chapter
20 of this title and subsection (c) of Code Section 45-21-2 or other appointing
authority under subsection (c) of Code Section 45-21-2.
(7)
'Incentive payment' means a one-time lump sum payment or a predetermined
quarterly payment that does not become a part of base salary.
(8)
'Meritorious award program' means a program developed by the board or other
appointing authority under subsection (b) of Code Section
45-21-2."
SECTION
2-83.
Said
Title 45 is further amended by revising Code Section 45-23-3, relating to
definitions, as follows:
"45-23-3.
As
used in this chapter, the term:
(1)
'Controlled substance' means any drug, substance, or immediate precursor
included in the definition of the term 'controlled substance' in paragraph (4)
of Code Section 16-13-21.
(2)
'Convicted' or 'conviction' refers to a final conviction in a court of competent
jurisdiction or the acceptance of a plea of guilty.
(3)
'Dangerous drug' means any drug or substance defined as such under Code Section
16-13-71.
(4)
'Marijuana' means any substance described in paragraph (16) of Code Section
16-13-21.
(5)
'Public employee' means any person employed on a full-time, part-time,
temporary, or intermittent basis by the state, including any agency, authority,
department, bureau, or instrumentality thereof, or by any entity covered under
the State
Personnel Administration
state system
of personnel administration created by Chapter 20 of this
title. Such term shall also include all
employees, officials, or administrators of any public school system, including,
but not limited to, primary, secondary, and postsecondary institutions operated
by local or independent boards of education that receive any funds from the
State of Georgia or any agency thereof.
(6)
'Public employer' means any state agency, department, board, bureau, or other
instrumentality. This term also includes any agency covered under the
State
Personnel Administration
state system
of personnel administration created by Chapter 20 of this
title or any public school system,
including, but not limited to, primary, secondary, and postsecondary
institutions operated by local or independent boards of education that receive
any funds from the State of Georgia or any agency thereof.
(7)
'Public employment' means employment by any public employer."
SECTION
2-84.
Said
Title 45 is further amended by revising Code Section 45-23-4, relating to
suspension or termination of public employee convicted of drug offense, as
follows:
"45-23-4.
(a)
Any public employee who is convicted for the first time, under the laws of this
state, the United States, or any other state, of any criminal offense involving
the manufacture, distribution, sale, or possession of a controlled substance,
marijuana, or a dangerous drug shall be suspended from his or her public
employment for a period of not less than two months. Any such employee shall be
required as a condition of completion of suspension to complete a drug abuse
treatment and education program licensed under Chapter 5 of Title 26 and
approved by: (1) the State Personnel Board in the case of employees
in the
classified service of the State Personnel
Administration
employed by
departments or agencies subject to the board's rules and regulations, as such
terms are defined in Code Section 45-20-2;
or (2) the public employer having management and control of the employee in the
case of other public employees.
(b)
Any public employee who is convicted for a second or subsequent time, under the
laws of this state, the United States, or any other state, of any criminal
offense involving the manufacture, distribution, sale, or possession of a
controlled substance, marijuana, or a dangerous drug shall be terminated from
his or her public employment and shall be ineligible for other public employment
for a period of five years from the most recent date of
conviction."
SECTION
2-85.
Said
Title 45 is further amended by revising Code Section 45-23-7, relating to
continuance of employment for drug user, and requirements and procedure, as
follows:
"45-23-7.
On
and after July 1, 1990, if, prior to an arrest for an offense involving a
controlled substance, marijuana, or a dangerous drug, a public employee notifies
the employee's public employer that the employee illegally uses a controlled
substance, marijuana, or a dangerous drug and is receiving or agrees to receive
treatment under a drug abuse treatment and education program licensed under
Chapter 5 of Title 26 and approved
by:
(1) the State Personnel Board in the case of employees
in the
classified service of the State Personnel
Administration
employed by
departments or agencies subject to the board's rules and regulations, as such
terms are defined in Code Section 45-20-2;
or (2) the public employer having management and control of the employee in the
case of other public employees, the public employee shall be entitled to
maintain the employee's public employment for up to one year as long as the
employee follows the treatment plan. During this period, the public employee
shall not be separated from public employment solely on the basis of the
employee's drug dependence, but the employee's work activities may be
restructured if practicable to protect persons or property. No statement made
by an employee to a supervisor of the public employee or other person in order
to comply with this Code section shall be admissible in any civil,
administrative, or criminal proceeding as evidence against the public employee.
The rights granted by this Code section shall be available to a public employee
only once during a five-year period and shall not apply to any public employee
who has refused to be tested or who has tested positive for a controlled
substance, marijuana, or a dangerous drug."
SECTION
2-86.
Said
Title 45 is further amended by revising Code Section 45-23-8, relating to
administrative procedures, as follows:
"45-23-8.
Administrative
procedures for the implementation of this chapter shall be promulgated by the
State Personnel Board for
the
classified service of the State Personnel
Administration
departments or
agencies subject to the board's rules and regulations, as such terms are defined
in Code Section 45-20-2 and by other
public employers for other public employees under their management and control.
Such procedures shall include those elements of due process of law required by
the Constitution of Georgia and the United States
Constitution."
SECTION
2-87.
Title
46 of the Official Code of Georgia Annotated, relating to public utilities and
public transportation, is amended by revising Code Section 46-2-42, relating to
employment of assistant director of Utility Finance Section, employment of
accountants, statisticians, experts, and clerical personnel, and classification
of employees, as follows:
"46-2-42.
(a)
The director of the Utility Finance Section shall employ an assistant director
who shall be employed at the pleasure of the commission and as provided by
law.
(b)
The director shall employ such accountants, statisticians, experts, and clerical
personnel as are necessary for the effective performance of the duties of the
section, and
such employees shall be in the unclassified service as defined by Code Section
45-20-2.
(c)
With the
concurrence of the State Personnel Administration compensation board, certain
employees of the section may be included in the 'unclassified service' in
addition to those currently provided by paragraph (15) of Code Section 45-20-2.
The
Rules and
regulations of the State Personnel
Administration
Board
regulations
and restrictions concerning compensation
and promotion shall not apply to
such
employees of
the Utility Finance
Section."
SECTION
2-88.
Title
48 of the Official Code of Georgia Annotated, relating to revenue and taxation,
is amended by revising Code Section 48-2-5, relating to the office of deputy
state revenue commissioner, as follows:
"48-2-5.
(a)
There is created the office of deputy state revenue commissioner, who shall
exercise the authority of the commissioner in matters specified by law and in
any other such matters as the commissioner may delegate to him
or
her in writing. The actions of the deputy
commissioner, within the scope of his
or
her authority, shall have the same force
and effect as the actions of the commissioner.
(b)
The deputy commissioner shall be appointed by the commissioner. He
or
she shall hold office at the pleasure of
the commissioner and shall not be subject to the
State
Personnel Administration
state system
of personnel administration provided by Chapter 20 of Title
45. The deputy commissioner shall take
the oath of office of the commissioner as provided in subsection (d) of Code
Section 48-2-2.
(c)
The deputy commissioner shall receive a salary as determined by the
commissioner, subject to the approval of the Office of Planning and Budget and
paid from funds appropriated by the department. The deputy commissioner's
salary shall in no event exceed the salary of the commissioner.
(d)
The deputy commissioner shall execute and file an official surety bond approved
as to form and sufficiency by the Attorney General in the same amount as
required for the commissioner by subsection (e) of Code Section 48-2-2. The
premium on the bond shall be paid as an expense of the department.
(e)
The deputy commissioner shall have the authority of the commissioner
to:
(1)
Issue licenses;
(2)
Make proposed and final assessments;
(3)
Deny protests and claims for refund;
(4)
Issue summons of garnishment;
(5)
Enter into agreements extending statutory periods of limitation;
(6)
Issue, amend, and cancel tax executions; and
(7)
Execute all documents and papers necessary for the performance of his
or
her or the commissioner's duties or for
the exercise of his
or
her authority or the authority of the
commissioner which has been delegated to him
or
her in writing."
SECTION
2-89.
Said
Title 48 is further amended by revising Code Section 48-2-6, relating to
departmental organization, employees, compensation, and collection of delinquent
taxes by contractors, as follows:
"48-2-6.
(a)
The commissioner shall establish by executive order such units within the
department as he
or
she deems proper for its administration
and shall designate persons to be directors and assistant directors of such
units to exercise such authority as he
or
she may delegate to them in
writing.
(b)
The commissioner shall have the authority to employ as many persons as he
or
she deems necessary for the administration
of the department and for the discharge of the duties of his
or
her office. He
or
she shall issue all necessary directions,
instructions, orders, and rules applicable to such persons. He
or
she shall have authority, as he
or
she deems proper, to employ, assign,
compensate, and discharge employees of the department within the limitations of
the department's appropriation, the requirements of the
State
Personnel Administration
state system
of personnel administration, including the rules and regulations of the State
Personnel Board, and the restrictions set
forth by law.
(c)
All employees of the department shall be compensated upon a fixed salary basis
and no person shall be compensated for services to the department on a
commission or contingent fee basis.
(d)
Neither the commissioner nor any officer or employee of the department shall be
given or receive any fee, compensation, loan, gift, or other thing of value in
addition to the compensation and expense allowance provided by law for any
service or pretended service either rendered or to be rendered as commissioner
or as an officer or employee of the department.
(e)
The commissioner is authorized to provide for the collection of delinquent
taxes, including penalties and interest, by contractors. Any such contractors
must be approved by the commissioner. No employee of the department shall be
approved as a contractor under this subsection. Such contractors shall be
compensated only on a commission or contingent fee basis."
SECTION
2-90.
Said
Title 48 is further amended by revising Code Section 48-5-183, relating to
salaries of tax collectors and tax commissioners, as follows:
"48-5-183.
(a)
Nothing contained in this Code section shall apply to any tax commissioner or
tax collector who is compensated by the fee system of compensation in lieu of a
fixed salary. On and after January 1, 1995, no tax collector or tax
commissioner in a county having a population of 45,000 or more shall be entitled
to fees authorized by Code Section 48-5-180 or Code Section
40-2-33.
(b)(1)
Any other law to the contrary notwithstanding, except for the provisions of
paragraph (2) of this subsection, the minimum annual salary of each tax
collector and tax commissioner who is compensated by an annual salary shall be
fixed according to the population of the county in which he or she serves, as
determined by the United States decennial census of 2000 or any future such
census; provided, however, that such annual salary shall be recalculated in any
year following a census year in which the Department of Community Affairs
publishes a census estimate for the county prior to July 1 in such year
that is higher than the immediately preceding decennial census. Each such
officer shall receive an annual salary, payable in equal monthly installments
from the funds of his or her county, of not less than the amount fixed in the
following schedule:
|
Population
|
Minimum
Salary
|
|
0 - 5,999 $ 29,832.20
|
|
|
6,000 - 11,889 40,967.92
|
|
|
11,890 - 19,999 46,408.38
|
|
|
20,000 - 28,999 49,721.70
|
|
|
29,000 - 38,999 53,035.03
|
|
|
39,000 - 49,999 56,352.46
|
|
|
50,000 - 74,999 63,164.60
|
|
|
75,000 - 99,999 67,800.09
|
|
|
100,000
- 149,999 72,434.13
|
|
|
150,000
- 199,999 77,344.56
|
|
|
200,000
- 249,999 84,458.82
|
|
|
250,000
- 299,999 91,682.66
|
|
|
300,000
- 399,999 101,207.60
|
|
|
400,000
- 499,999 105,316.72
|
|
|
500,000
or more 109,425.84
|
|
(2)
On and
after July 1, 2006, whenever
Whenever
the
state
employees
in the
classified service of the State Personnel Administration
receive
subject to
compensation plans authorized and approved in accordance with Code Section
45-20-4 receive a cost-of-living increase
or general performance based increase of a certain percentage or a certain
amount, the amounts fixed in the minimum salary schedule in paragraph (1) of
this subsection, in subsection (g) of Code Section 48-5-137, and, where
applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived
by increasing each of said amounts through the application of longevity
increases pursuant to subsection (d) of this Code section, where applicable
shall be increased by the same percentage or same amount applicable to such
state employees. If the cost-of-living increase or general performance based
increase received by state employees is in different percentages or different
amounts as to certain categories of employees, the amounts fixed in the minimum
salary schedule in paragraph (1) of this subsection, in subsection (g) of Code
Section 48-5-137, and, where applicable, in subsection (c) of Code Section
21-2-213, or the amounts derived through the application of longevity increases,
shall be increased by a percentage or an amount not to exceed the average
percentage or average amount of the general increase in salary granted to the
state employees. The Office of Planning and Budget shall calculate the average
percentage increase or average amount increase when necessary. The periodic
changes in the amounts fixed in the minimum salary schedule in paragraph (1) of
this subsection, in subsection (g) of Code Section 48-5-137, and, where
applicable, in subsection (c) of Code Section 21-2-213, or the amounts derived
through the application of longevity increases, as authorized by this paragraph
shall become effective on the first day of January following the date that the
cost-of-living increases received by state employees become effective; provided,
however, that if the cost-of-living increases or general performance based
increases received by state employees become effective on January 1, such
periodic changes in the amounts fixed in the minimum salary schedule in
paragraph (1) of this subsection, in subsection (g) of Code Section
48-5-137, and, where applicable, in subsection (c) of Code Section 21-2-213, or
the amounts derived through the application of longevity increases as authorized
by this paragraph, shall become effective on the same date that the
cost-of-living increases or general performance based increases received by
state employees become effective.
(3)
The county governing authority may supplement the minimum annual salary of the
tax commissioner in such amount as it may fix from time to time; but no tax
commissioner's compensation supplement shall be decreased during any term of
office. Any prior expenditure of county funds to supplement the tax
commissioner's salary in the manner authorized by this paragraph is ratified and
confirmed. Nothing contained in this paragraph shall prohibit the General
Assembly by local law from supplementing the annual salary of the tax
commissioner.
(c)
In any county in which more than 50 percent of the population of the county
according to the United States decennial census of 1990 or any future such
census resides on property of the United States government which is exempt from
taxation by this state, the population of the county for the purpose of
subsection (b) of this Code section shall be deemed to be the total population
of the county minus the population of such county which resides on property of
the United States government.
(d)
The amounts provided in paragraph (1) of subsection (b) of this Code section,
subsection (g) of Code Section 48-5-137, and, where applicable, Code Section
21-2-213, as increased by paragraph (2) of subsection (b) of this Code section,
shall be increased by multiplying said amounts by the percentage which equals 5
percent times the number of completed four-year terms of office served by any
tax collector or tax commissioner after December 31, 1976, effective the first
day of January following the completion of each such period of service. This
Code section shall not be construed to affect any local legislation except where
the local legislation provides for a salary lower than the salary provided in
this Code section, in which event this Code section shall prevail. This Code
section shall not be construed to reduce the salary of any tax collector or tax
commissioner in office on July 1, 1991; provided, however, that successors to
such tax collectors and tax commissioners in office on July 1, 1991, shall be
governed by the provisions of this Code section. The minimum salaries provided
for in this Code section shall be considered as salary only. Expenses for
deputies, equipment, supplies, copying equipment, and other necessary and
reasonable expenses for the operation of a tax collector's or tax commissioner's
office shall come from funds other than the funds specified as salary in this
Code section.
(e)
Notwithstanding any other provisions of this Code section, any tax collector or
tax commissioner who, prior to July 1, 1979, was entitled to the commissions
allowed by Code Section 40-2-33 may elect to receive the salary he
or
she was receiving prior to July 1, 1979,
together with such commissions relating to the sale of motor vehicle license
plates in lieu of the minimum salary provided in subsection (b) of this Code
section.
(f)
Notwithstanding any other provisions of this Code section, any tax collector or
tax commissioner who, prior to January 1, 1980, was receiving a salary lower
than the applicable minimum salary provided by subsection (b) of this Code
section pursuant to a local law but who also was receiving certain fees and
commissions in addition thereto may elect to be excluded from this Code
section.
(g)
Except as otherwise provided in subsection (f) of this Code section, any local
Acts in effect on or enacted subsequent to January 1, 1980, which deal with the
compensation of the various tax collectors or tax commissioners, shall remain in
full force and effect, except in those instances where such local Acts provide
for a salary which is less than the minimum salary provided in subsection (b) of
this Code section, in which event this Code section shall prevail.
(h)
This Code section shall not be construed so as to place any tax collector or tax
commissioner who is on the fee system of compensation on January 1, 1980, on a
salary system of compensation. Any such officer who is compensated under the
fee system of compensation on January 1, 1980, shall continue to be compensated
pursuant to the fee system of compensation until the General Assembly abolishes
by local Act the fee system of compensation for such officer and places him
or
her on an annual salary equal to or
greater than the minimum annual salary provided in this Code
section."
SECTION
2-91.
Said
Title 48 is further amended by revising Code Section 48-5-263, relating to
qualifications, duties, and compensation of appraisers, as follows:
"48-5-263.
(a)
Qualifications.
(1)
The commissioner shall establish, and the
State
Personnel Administration
Department of
Administrative Services may review, the
qualifications and rate of compensation for each appraiser grade.
(2)
Each appraiser shall, before his
or
her employment, obtain a satisfactory
grade, as determined by the commissioner, on an examination prepared by the
commissioner and an institution of higher education in this state.
(b)
Duties.
Each member of the county property appraisal staff shall:
(1)
Make appraisals of the fair market value of all taxable property in the county
other than property returned directly to the commissioner;
(2)
Maintain all tax records and maps for the county in a current condition. This
duty shall include, but not be limited to, the mapping, platting, cataloging,
and indexing of all real and personal property in the county;
(3)
Prepare annual assessments on all taxable property appraised in the county and
submit the assessments for approval to the county board of tax
assessors;
(4)
Prepare annual appraisals on all tax-exempt property in the county and submit
the appraisals to the county board of tax assessors;
(5)
Prepare and mail assessment notices after the county board of tax assessors has
determined the final assessments;
(6)
Attend hearings of the county board of equalization and provide information to
the board regarding the valuation and assessments approved by the county board
of tax assessors on those properties concerning which appeals have been made to
the county board of equalization;
(7)
Provide information to the department as needed by the department and in the
form requested by the department;
(8)
Attend the standard approved training courses as directed by the commissioner
for all minimum county property appraisal staffs;
(9)
Compile sales ratio data and furnish the data to the commissioner as directed by
the commissioner;
(10)
Comply with the rules and regulations for staff duties established by the
commissioner; and
(11)
Inspect mobile homes located in the county to determine if the proper decal is
attached to and displayed on the mobile home by the owner as provided by law;
notify the residents of those mobile homes to which a decal is not attached of
the provisions of Code Sections 48-5-492 and 48-5-493; and furnish to the tax
collector or tax commissioner a periodic list of those mobile homes to which a
decal is not attached.
(c)
Compensation.
Staff appraisers shall be paid from county funds. The rates of compensation
established by the commissioner shall not preclude any county from paying a
higher rate of compensation to any appraiser grade."
SECTION
2-92.
Said
Title 48 is further amended by revising Code Section 48-5-267, relating to state
payments for minimum staff of appraisers, and state salary supplements for
qualified appraisers, as follows:
"48-5-267.
(a)
An amount which is equal to one-half of the total compensation payable to the
minimum staff in all of the counties, as determined by the commissioner with the
approval of the
State
Personnel Administration
Department of
Administrative Services, shall be paid to
the counties by the department in the following manner:
(1)
The greater of 15 percent of the amount appropriated and deemed available by the
commissioner for the purpose of carrying out the provisions of this part
regarding minimum staff compensation or $200,000.00, if deemed available by the
commissioner, shall be distributed equally among all of the counties of the
state; and
(2)
The payment to be made to each county from the remainder of the amount after
distribution as provided in paragraph (1) of this subsection, if any, shall be
equal to the remaining amount multiplied by a fraction, the denominator of which
is the total of all parcels of real property located within the state and the
numerator of which is the number of parcels of real property located within the
county.
(b)
Payments provided for in this Code section shall be made in the manner
determined by the commissioner. The commissioner shall not make any payments to
any county which:
(1)
Is not maintaining its records as required by this part;
(2)
Has not employed a minimum staff of appraisers; or
(3)
In the case of Class I counties, has not entered into a contract providing for
the performance of the requirements of this part.
(c)
Payments provided for in this Code section shall be paid from funds appropriated
to the department.
(d)
In addition to the payments for minimum staff appraisers authorized by this Code
section, the commissioner, from funds appropriated for that purpose, shall pay
to qualified appraisers employed by county governments salary supplements in
accordance with the following provisions:
(1)
Each individual employed as a staff appraiser who has earned the Certified
Assessment Evaluator designation or the Certified Personalty Evaluator
designation, as conferred by the International Association of Assessing
Officers, shall be paid a salary supplement of $1,000.00 per year;
(2)
Each individual employed as a staff appraiser who has earned the Georgia
Certified Appraiser designation conferred by the Georgia Association of
Assessing Officials shall be paid a salary supplement of $750.00 per year. The
qualifications and requirements necessary for achievement of the Georgia
Certified Appraiser designation shall be approved by the commissioner before any
supplements are paid for this designation; and
(3)
Salary supplements shall be paid to each individual qualifying under paragraphs
(1) and (2) of this subsection only for the period of time he
or
she is actually employed by a county as a
staff appraiser and only for the period of time that he
or
she holds the qualifying designation.
Salary supplements shall be paid to each qualified individual for only one
qualifying designation at any one time."
SECTION
2-93.
Title
49 of the Official Code of Georgia Annotated, relating to social services, is
amended by revising Code Section 49-1-5, relating to suspension and removal of
county board member, county director, or employee or official of department, as
follows:
"49-1-5.
(a)
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
under the
State Personnel Administration by Chapter 20 of Title
45
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.
(b)
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
such
director may have under the State Personnel Administration by Chapter 20 of
Title 45
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."
SECTION
2-94.
Said
Title 49 is further amended by revising Code Section 49-2-2.1, relating to
Department of Human Services becomes successor-in-interest to all rights,
duties, and obligations of former Department of Human Resources, as
follows:
"49-2-2.1.
(a)
The Department of Human Services shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the Department of Human
Resources that are in effect on June 30, 2009, or scheduled to go into effect on
or after July 1, 2009, and which relate to the functions transferred to the
Department of Human Services pursuant to Code Section 49-2-1 and shall further
succeed to any rights, privileges, entitlements, obligations, and duties of the
Department of Human Resources that are in effect on June 30, 2009, which relate
to the functions transferred to the Department of Human Services pursuant to
Code Section 49-2-1. Such rules, regulations, policies, procedures, and
administrative orders shall remain in effect until amended, repealed,
superseded, or nullified by the Department of Human Services by proper authority
or as otherwise provided by law.
(b)
The rights, privileges, entitlements, and duties of parties to contracts,
leases, agreements, and other transactions entered into before July 1, 2009, by
the Department of Human Resources which relate to the functions transferred to
the Department of Human Services pursuant to Code Section 49-2-1 shall continue
to exist; and none of these rights, privileges, entitlements, and duties are
impaired or diminished by reason of the transfer of the functions to the
Department of Human Services. In all such instances, the Department of Human
Services shall be substituted for the Department of Human Resources, and the
Department of Human Services shall succeed to the rights and duties under such
contracts, leases, agreements, and other transactions.
(c)
All persons employed by the Department of Human Resources in capacities which
relate to the functions transferred to the Department of Human Services pursuant
to Code Section 49-2-1 on June 30, 2009, shall, on July 1, 2009, become
employees of the Department of Human Services in similar capacities, as
determined by the commissioner of human services. Such employees shall be
subject to the employment practices and policies of the Department of Human
Services on and after July 1, 2009, but the compensation and benefits of such
transferred employees shall not be reduced as a result of such transfer.
Employees
who are subject to the rules of the State Personnel Board and thereby under the
State Personnel Administration and who are transferred to the department shall
retain all existing rights under the State Personnel
Administration.
Transferred
employees who were subject to the state system of personnel administration
provided for by Chapter 20 of Title 45 will lose no rights granted under such
system as a result of such transfer.
Retirement rights of such transferred employees existing under the Employees'
Retirement System of Georgia or other public retirement systems on June 30,
2009, shall not be impaired or interrupted by the transfer of such employees and
membership in any such retirement system shall continue in the same status
possessed by the transferred employees on June 30, 2009. Accrued annual and
sick leave possessed by said employees on June 30, 2009, shall be retained by
said employees as employees of the Department of Human Services.
(d)
On July 1, 2009, the Department of Human Services shall receive custody of the
state owned real property in the custody of the Department of Human Resources on
June 30, 2009, and which pertains to the functions transferred to the Department
of Human Services pursuant to Code Section 49-2-1."
SECTION
2-95.
Said
Title 49 is further amended by revising Code Section 49-3-4, relating to
appointment of staff, salaries, and power of commissioner to transfer employees,
as follows:
"49-3-4.
(a)
The county department staff necessary to administer welfare activities within
the county shall be appointed pursuant to the rules and regulations of the
Department of Human Services and the State Personnel
Administration
Board
and subject to the approval of the commissioner of human services. Staff
appointments shall meet the qualifications prescribed by the
department.
(b)
The salaries of the members of the staff shall be fixed by the county director
in conformity with the salary schedule prescribed by the Department of Human
Services.
(c)
The commissioner shall have power to transfer from one county to another or from
one district to another any employee of a county department."
SECTION
2-96.
Said
Title 49 is further amended by revising Code Section 49-3-7, relating to removal
of county director for falsification of qualifications, as follows:
"49-3-7.
The
State Personnel Board and the
State
Personnel Administration
Department of
Administrative Services shall remove from
office any county director who has falsified any statement relating to his or
her education, social welfare service, or other qualification, in any
particular, whether material or immaterial. The application of the county
director for examination, on file with the
State
Personnel Administration
Department of
Administrative Services, shall not be
allowed to be varied by other evidence offered by the county director; the
application itself shall be the controlling factor in the determination of its
truth or untruth."
SECTION
2-97.
Said
Title 49 is further amended by revising Code Section 49-4A-5, relating to
transfer of functions and employees of Division of Youth Services, and personnel
administration, as follows:
"49-4A-5.
(a)
The department shall carry out all functions and exercise all powers relating to
the administration, supervision, and management of juvenile detention
facilities, including youth development centers, and jurisdiction over said
youth development centers and other juvenile detention facilities is vested in
the department.
(b)
Any employees of the Department of Juvenile Justice who became so employed by
virtue of their transfer from the Division of Youth Services of the Department
of Human Resources (now known as the Department of Human Services) on June 30,
1992, shall retain their compensation and benefits and such may not be reduced.
Transferred employees who were subject to the
State
Personnel Administration shall retain all existing rights under the State
Personnel Administration
state system
of personnel administration provided for by Chapter 20 of Title 45 will lose no
rights granted under such system as a result of such
transfer. Retirement rights of such
transferred employees existing under the Employees' Retirement System of Georgia
or other public retirement systems on July 1, 1992, shall not be impaired or
interrupted by the transfer of such employees and membership in any such
retirement system shall continue in the same status possessed by the transferred
employees on June 30, 1992. Accrued annual and sick leave possessed by said
employees on June 30, 1992, shall be retained by said employees as employees of
the department.
(c)(1)
The department shall conform to federal standards for a merit system of
personnel administration in the respects necessary for receiving federal grants
and the board is authorized and empowered to effect such changes as may, from
time to time, be necessary in order to comply with such standards.
(2)
The department is authorized to employ, on a full-time or part-time basis, such
medical, psychiatric, social work, supervisory, institutional, and other
professional personnel and such clerical and other employees as may be necessary
to discharge the duties of the department under this chapter. The department is
also authorized to contract for such professional services as may be
necessary.
(3)
Classified employees of the department under this chapter shall in all instances
be employed and dismissed in accordance with rules and regulations of the State
Personnel
Administration
Board.
(4)
All personnel of the department are authorized to be members of the Employees'
Retirement System of Georgia created in Chapter 2 of Title 47. All rights,
credits, and funds in that retirement system which are possessed by state
personnel transferred by provisions of this chapter to the department, or
otherwise had by persons at the time of employment with the department, are
continued and preserved, it being the intention of the General Assembly that
such persons shall not lose any rights, credits, or funds to which they may be
entitled prior to becoming employees of the department."
SECTION
2-98.
Said
Title 49 is further amended by revising Code Section 49-5-6, relating to merit
system to conform to federal standards, power to employ and contract for
professional services, employment and dismissal procedures, and membership in
state retirement system, as follows:
"49-5-6.
(a)
The department shall conform to federal standards for a merit system of
personnel administration in the respects necessary for receiving federal grants
and the board is authorized and empowered to effect such changes as may, from
time to time, be necessary in order to comply with such standards.
(b)
The department is authorized to employ, on a full or part-time basis, such
medical, psychiatric, social work, supervisory, institutional, and other
professional personnel and such clerical and other employees as may be necessary
to discharge the duties of the department under this chapter. The department is
also authorized to contract for such professional services as may be
necessary.
(c)
Superintendents of training schools and other facilities and institutions now or
hereafter under the jurisdiction and control of the department shall be employed
and dismissed for cause by the board on the recommendation of the commissioner.
Professional personnel and other employees of such training schools, facilities,
and institutions shall be employed and dismissed for cause by the commissioner
on the recommendation of the superintendent. All other professional personnel
and all other employees of the department under this article shall be employed
and dismissed for cause by the commissioner in accordance with such rules and
regulations as may be promulgated by the board in regard thereto. Employees of
the department under this article shall in all instances be employed and
dismissed in accordance with rules and regulations of the State Personnel
Administration
Board.
(d)
All personnel of the Division of Family and Children Services are authorized to
be members of the Employees' Retirement System of Georgia, Chapter 2 of Title
47. All rights, credits, and funds in that retirement system which are
possessed by state personnel transferred by provisions of this article to the
division, or otherwise had by persons at the time of employment with the
division, are continued and preserved, it being the intention of the General
Assembly that such persons shall not lose any rights, credits, or funds to which
they may be entitled prior to becoming employees of the
division."
SECTION
2-99.
Title
50 of the Official Code of Georgia Annotated, relating to state government, is
amended by revising Code Section 50-5-53, relating to authorization to employ
assistants, fix salaries, and make assignments, as follows:
"50-5-53.
Subject
to applicable rules of the State Personnel
Administration
Board,
the Department of Administrative Services may appoint as many assistants and
employees, and fix their salaries, as are essential to the state's interest in
the execution of the terms and provisions of this part. Assignment of an
assistant or assistants to any of the departments, institutions, or agencies of
the state may be made by the Department of Administrative Services. It shall be
unlawful for any other agency of the state to employ any person for the purposes
set out in this part unless that person complies with the minimum requirements
for purchasing personnel established by the
State
Personnel Administration in conjunction with
the Department of Administrative
Services."
SECTION
2-100.
Said
Title 50 is further amended by revising Code Section 50-5B-2, relating to
administrative units, directors, and employees, as follows:
"50-5B-2.
(a)
The state accounting officer shall establish such units within the State
Accounting Office as he or she deems proper for its administration, including
The Council of Superior Court Judges of Georgia and the Prosecuting Attorneys'
Council of the State of Georgia as separate units with distinct accounting
functions, and shall designate persons to be directors and assistant directors
of such units to exercise such authority as he or she may delegate to them in
writing.
(b)
The state accounting officer shall have the authority, within budgetary
limitations, to employ as many persons as he or she deems necessary for the
administration of the office and for the discharge of the duties of the office.
The state accounting officer shall issue all necessary directions, instructions,
orders, and rules applicable to such persons. He or she shall have authority,
as he or she deems proper, to employ, assign, compensate, and discharge
employees of the office within the limitations of the office's appropriation,
the requirements of the
State
Personnel Administration
state system
of personnel administration provided for in Chapter 20 of Title
45, and restrictions set forth by
law."
SECTION
2-101.
Said
Title 50 is further amended by revising Code Section 50-8-6, relating to
divisions, sections, and offices of department, as follows:
"50-8-6.
The
department shall be divided into such divisions, sections, or offices as may be
necessary from time to time. All divisions, sections, or offices in existence
immediately prior to July 1, 1989, shall continue to exist in accordance with
this article. Thereafter, divisions, sections, and offices shall be abolished,
reorganized, or established from time to time by the commissioner and as
otherwise specified by law. The commissioner shall appoint such directors,
deputies, and assistants as may be necessary to manage such divisions, sections,
and offices. Such positions shall be in the unclassified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2."
SECTION
2-102.
Said
Title 50 is further amended by revising Code Section 50-8-17, relating to
employees serve in unclassified service, and election option for current
classified employees, as follows:
"50-8-17.
Employees
of the department shall serve in the
classified
and unclassified service
of the
State Personnel Administration as defined
by Code Section
45-20-6,
45-20-2
provided
that employees who serve in the classified service of the State Personnel
Administration as defined by Code Section 45-20-6 may elect to remain in the
classified service and be governed by the provisions thereof; provided, however,
that if such person accepts a promotion or transfer to another position, he or
she shall become an employee in the unclassified
service."
SECTION
2-103.
Said
Title 50 is further amended by revising Code Section 50-8-142, relating to
employees, as follows:
"50-8-142.
The
commissioner of community affairs may appoint employees as may be necessary to
implement such powers and duties as are described by this article. The
employees of the Office of Rural Development shall be
in
the unclassified
positions
for the purposes of the State Personnel Administration and shall serve at the
pleasure of the commissioner of community
affairs
service as
defined by Code Section 45-20-2. The
commissioner of community affairs shall describe the duties and fix the
compensation for all such employees."
SECTION
2-104.
Said
Title 50 is further amended by revising Code Section 50-12-71, relating to
appointment, terms, and expenses of board members, as follows:
"50-12-71.
(a)
The board shall be composed of 17 members to be appointed as
follows:
(1)
Sixteen members shall be appointed by the Governor, five members for initial
terms of two years; five members for initial terms of three years; four members
for initial terms of four years; and two members provided for in 1991 for
initial terms of five years. Seven of the members appointed by the Governor may
reside in any area of the state. Of the remaining nine members appointed by the
Governor, one member shall reside in and be appointed from each of the nine
districts provided in subsection (b) of this Code section. Successors to such
members shall be appointed by the Governor for terms of six years;
and
(2)
One member shall be appointed by the Commander of the Warner Robins Air
Logistics Center at Robins Air Force Base in Houston County, Georgia, for an
initial term of four years, and successors shall be appointed by the Governor
for terms of six years. This member may reside in any area of the
state.
(b)
For the purpose of appointing nine members of the board, the state shall be
divided into nine districts based upon the ZIP Code areas as designated by the
United States Postal Service and as such areas exist on January 1, 1989. The
nine districts shall be composed as follows:
District
1:
ZIP Code Areas 305 and 307;
District 2:
ZIP Code Area 306;
District 3:
ZIP Code Areas 300, 301, 302, and 303;
District 4:
ZIP Code Areas 304, 308, and 309;
District 5:
ZIP Code Areas 310 and 312;
District 6:
ZIP Code Areas 318 and 319;
District 7:
ZIP Code Area 317;
District 8:
ZIP Code Area 316; and
District 9:
ZIP Code Areas 313, 314, and 315.
ZIP Code Areas 305 and 307;
District 2:
ZIP Code Area 306;
District 3:
ZIP Code Areas 300, 301, 302, and 303;
District 4:
ZIP Code Areas 304, 308, and 309;
District 5:
ZIP Code Areas 310 and 312;
District 6:
ZIP Code Areas 318 and 319;
District 7:
ZIP Code Area 317;
District 8:
ZIP Code Area 316; and
District 9:
ZIP Code Areas 313, 314, and 315.
(c)
Of the 17 members of the board, at least 11 members shall have experience in and
be representative of the aviation industry or profession. Initial appointments
shall be made prior to July 1, 1989, except that the additional members provided
for in 1991 shall be appointed prior to October 1, 1991. In the event a vacancy
occurs in the membership of the board, the Governor shall promptly fill the same
for the unexpired term. A majority of the members shall constitute a quorum for
the transaction of business.
(d)
The board shall elect a
chairman, a
vice-chairman,
chairperson, a
vice-chairperson, and such other officers
as it deems advisable from its own membership. The members shall receive no
compensation for their services but shall be reimbursed for expenses incurred in
attending meetings of the board. The board is authorized to employ such
personnel as it deems necessary to enable it to carry out its duties and
functions; however, such employees may not be subject to the
State
Personnel Administration of employment and employment
administration
state system
of personnel administration provided for in Chapter 20 of Title
45. The board shall meet once each
quarter and at such other times as the board deems necessary but not more than
eight times annually."
SECTION
2-105.
Said
Title 50 is further amended by revising Code Section 50-13-2, relating to
definitions, as follows:
"50-13-2.
As
used in this chapter, the term:
(1)
'Agency' means each state board, bureau, commission, department, activity, or
officer authorized by law expressly to make rules and regulations or to
determine contested cases, except the General Assembly; the judiciary; the
Governor; the State Board of Pardons and Paroles; the State Financing and
Investment Commission; the State Properties Commission; the Board of Bar
Examiners; the Board of Corrections and its penal institutions; the State Board
of Workers' Compensation; all public authorities except as otherwise expressly
provided by law; the State Personnel Board
(Merit
System); the Department of Administrative
Services or commissioner of administrative services; the Technical College
System of Georgia; the Department of Revenue when conducting hearings relating
to alcoholic beverages or relating to bona fide coin operated amusement machines
or any violations relating thereto; the Georgia Tobacco Community Development
Board; the Georgia Higher Education Savings Plan; any school, college, hospital,
or other such educational, eleemosynary, or charitable institution; or any
agency when its action is concerned with the military or naval affairs of this
state. The term 'agency' shall include the State Board of Education and
Department of Education, subject to the following qualifications:
(A)
Subject to the limitations of subparagraph (B) of this paragraph, all otherwise
valid rules adopted by the State Board of Education and Department of Education
prior to January 1, 1990, are ratified and validated and shall be effective
until January 1, 1991, whether or not such rules were adopted in compliance with
the requirements of this chapter; and
(B)
Effective January 1, 1991, any rule of the State Board of Education or
Department of Education which has not been proposed, submitted, and adopted in
accordance with the requirements of this chapter shall be void and of no
effect.
(2)
'Contested case' means a proceeding, including, but not restricted to, rate
making, price fixing, and licensing, in which the legal rights, duties, or
privileges of a party are required by law to be determined by an agency after an
opportunity for hearing.
(2.1)
'Electronic' means, without limitation, analog, digital, electronic, magnetic,
mechanical, optical, chemical, electromagnetic, electromechanical,
electrochemical, or other similar means.
(3)
'License' means the whole or part of any agency permit, certificate, approval,
registration, charter, or similar form of permission required by law, but it
does not include a license required solely for revenue purposes. 'Licensing'
includes the agency process respecting the grant, denial, renewal, revocation,
suspension, annulment, withdrawal, or amendment of a license.
(3.1)
'Mailed' includes electronic means of communication.
(3.2)
'Mailing list' includes electronic means of distribution.
(4)
'Party' means each person or agency named or admitted as a party or properly
seeking and entitled as of right to be admitted as a party.
(5)
'Person' means any individual, partnership, corporation, association,
governmental subdivision, or public or private organization of any character
other than an agency.
(5.1)
'Record' means information created, transmitted, received, or stored either in
human perceivable form or in a form that is retrievable in human perceivable
form.
(6)
'Rule' means each agency regulation, standard, or statement of general
applicability that implements, interprets, or prescribes law or policy or
describes the organization, procedure, or practice requirements of any agency.
The term includes the amendment or repeal of a prior rule but does not include
the following:
(A)
Statements concerning only the internal management of an agency and not
affecting private rights or procedures available to the public;
(B)
Declaratory rulings issued pursuant to Code Section 50-13-11;
(C)
Intra-agency memoranda;
(D)
Statements of policy or interpretations that are made in the decision of a
contested case;
(E)
Rules concerning the use or creation of public roads or facilities, which rules
are communicated to the public by use of signs or symbols;
(F)
Rules which relate to the acquiring, sale, development, and management of the
property, both real and personal, of the state or of an agency;
(G)
Rules which relate to contracts for the purchases and sales of goods and
services by the state or of an agency;
(H)
Rules which relate to the employment, compensation, tenure, terms, retirement,
or regulation of the employees of the state or of an agency;
(I)
Rules relating to loans, grants, and benefits by the state or of an agency;
or
(J)
The approval or prescription for the future of rates or
prices."
SECTION
2-106.
Said
Title 50 is further amended by revising Code Section 50-13-40, relating to
office created and chief state administrative law judge, as
follows:
"50-13-40.
(a)
There is created within the executive branch of state government the Office of
State Administrative Hearings. The office shall be independent of state
administrative agencies and shall be responsible for impartial administration of
administrative hearings in accordance with this article. The office shall be
assigned for administrative purposes only, as that term is defined in Code
Section 50-4-3, to the Department of Administrative Services.
(b)
The head of the office shall be the chief state administrative law judge who
shall be appointed by the Governor, shall serve a term of six years, shall be
eligible for reappointment, and may be removed by the Governor for cause. The
chief state administrative law judge shall have been admitted to the practice of
law in this state for a period of at least five years. The chief state
administrative law judge shall be in the unclassified service
of the
State Personnel Administration
as defined by
Code Section 45-20-2 and shall receive a
salary to be determined by the Governor. All successors shall be appointed in
the same manner as the original appointment and vacancies in office shall be
filled in the same manner for the remainder of the unexpired term.
(c)
The chief state administrative law judge shall promulgate rules and regulations
and establish procedures to carry out the provisions of this
article.
(d)
The chief state administrative law judge shall have the power to employ clerical
personnel and court reporters necessary to assist in the performance of his or
her duties.
(e)(1)
The chief state administrative law judge shall have the power to employ
full-time assistant administrative law judges who shall exercise the powers
conferred upon the chief state administrative law judge in all administrative
cases assigned to them. Each assistant administrative law judge shall have been
admitted to the practice of law in this state for a period of at least three
years. The chief state administrative law judge may establish different levels
of administrative law judge positions and the compensation for such positions
shall be determined by the chief state administrative law judge.
(2)
The chief state administrative law judge may appoint a special assistant
administrative law judge on a temporary or case basis as may be necessary for
the proper performance of the duties of the office, pursuant to a fee schedule
established in advance by the chief state administrative law judge. A special
assistant administrative law judge shall have the same qualifications and
authority as a full-time assistant administrative law judge.
(3)
The chief state administrative law judge may designate in writing a qualified
full-time employee of an agency other than an agency directly connected with the
proceeding to conduct a specified hearing, but such appointment shall only be
with the prior consent of the employee's agency. Such employee shall then serve
as a special designated assistant administrative law judge for the purposes of
the specific hearing and shall not be entitled to any additional pay for this
service.
(4)
When the character of the hearing requires utilization of a hearing officer with
special skill and technical expertise in the field, the chief state
administrative law judge may so certify in writing and appoint as a special lay
assistant administrative law judge a person who is not a member of the bar of
this state or otherwise not qualified under this Code section. Such appointment
shall specify in writing the reasons such special skill is required and the
qualifications of the appointed individual.
(5)
The chief state administrative law judge may designate a class of hearings for
which individuals with the necessary skill and training need not meet the
qualifications of paragraphs (1) through (4) of this subsection. These
full-time associate administrative law judges shall exercise the powers
conferred upon the chief state administrative judge in the class of
administrative cases assigned to them. The chief state administrative law judge
shall determine the compensation for such positions.
(f)
The chief state administrative law judge and any administrative law judge
employed on a full-time basis: (1) shall not otherwise engage in the practice of
law; and (2) shall not, except in the performance of his or her duties in a
contested case, render legal advice or assistance to any state board, bureau,
commission, department, agency, or officer."
SECTION
2-107.
Said
Title 50 is further amended by revising Code Section 50-13-44, relating to
administrative transfer of individuals to Office of State Administrative
Hearings, approval of chief state administrative law judge, funding of
transferred positions, and transferred employees status, as
follows:
"50-13-44.
(a)
Any full-time hearing officer or equivalent position, used exclusively or
principally to conduct or preside over hearings for a covered agency immediately
prior to July 1, 1994, shall be administratively transferred to the Office of
State Administrative Hearings, if such employee qualifies under Code Section
50-13-40. Any person serving immediately prior to July 1, 1994, as an
independent hearing officer or equivalent under contract or written order of
appointment shall be administratively transferred to the Office of State
Administrative Hearings as of July 1, 1994, and shall continue as a special
assistant administrative law judge. All full-time staff of covered agencies who
have exclusively or principally served as support staff for administrative
hearings shall be administratively transferred to the Office of State
Administrative Hearings as of July 1, 1994. All equipment or other tangible
property in possession of covered agencies which is used or held exclusively or
principally by personnel transferred under this Code section shall be
transferred to the Office of State Administrative Hearings as of July 1,
1994.
(b)
All such transfers shall be subject to the approval of the chief state
administrative law judge and such personnel or property shall not be transferred
if the chief state administrative law judge determines that the hearing officer,
staff, equipment, or property should remain with the transferring
agency.
(c)
Funding for functions and positions transferred to the Office of State
Administrative Hearings under this article shall be transferred as provided for
in Code Section 45-12-90. The employees of the Office of State Administrative
Hearings shall be in the
classified
service of the State Personnel Administration; provided, however, that the chief
administrative law judge may place positions in the unclassified service as
authorized in Article 1 of Chapter 20 of Title 45 and may also place an
additional ten assistant administrative law judges in
the unclassified service
unless they
are in the classified service as such term is defined by Code Section
45-20-2.
(d)
The chief state administrative law judge shall assess agencies the cost of
services rendered to them in the conduct of hearings.
(e)(1)
Any full-time hearing officer of the State Personnel Board used exclusively or
principally to conduct or preside over hearings for such board immediately prior
to July 1, 1997, shall be administratively transferred to the Office of State
Administrative Hearings if such employee qualifies under Code Section 50-13-40.
Any person serving immediately prior to July 1, 1997, as an independent hearing
officer under contract or written order of appointment shall be administratively
transferred to the Office of State Administrative Hearings as of July 1, 1997,
and shall continue as a special assistant administrative law judge. All
full-time staff of the State Personnel Board who have exclusively or principally
served as support staff for administrative hearings conducted by such hearing
officers shall be administratively transferred to the Office of State
Administrative Hearings as of July 1, 1997. All equipment or other tangible
property in possession of the State Personnel Board which is used or held
exclusively or principally by personnel transferred under this subsection shall
be transferred to the Office of State Administrative Hearings as of July 1,
1997.
(2)
Funding for functions and positions transferred to the Office of State
Administrative Hearings under this subsection shall be transferred as provided
for in Code Section 45-12-90."
SECTION
2-108.
Said
Title 50 is further amended by revising Code Section 50-18-93, relating to
duties of division, as follows:
"50-18-93.
It
shall be the duty of the division to:
(1)
Establish and administer, under the direction of a state records management
officer, who shall be employed under the rules and regulations of the State
Personnel
Administration
Board,
a records management program;
(2)
Develop and issue procedures, rules, and regulations establishing standards for
efficient and economical management methods relating to the creation,
maintenance, utilization, retention, preservation, and disposition of records,
filing equipment, supplies, microfilming of records, and vital records
programs;
(3)
Assist state agencies in implementing records programs by providing consultative
services in records management, conducting surveys in order to recommend more
efficient records management practices, and providing training for records
management personnel; and
(4)
Operate a records center or centers which shall accept all records transferred
to it through the operation of approved retention schedules, provide secure
storage and reference service for the same, and submit written notice to the
applicable agency of intended destruction of records in accordance with approved
retention schedules."
SECTION
2-109.
Said
Title 50 is further amended by revising Code Section 50-25-5.1, relating to
chief information officer, appointment and removal, compensation, and powers and
duties, as follows:
"50-25-5.1.
(a)
There is created the position of the chief information officer for the State of
Georgia who shall be both appointed and removed by a vote of a majority of the
full membership to which the authority is entitled. The authority shall
determine the compensation of the chief information officer. The chief
information officer shall serve as the executive director of the
authority.
(b)
Subject to the general policy established by the authority, the chief
information officer shall have the following powers and duties in addition to
those otherwise enumerated in this chapter:
(1)
To supervise, direct, account for, organize, plan, administer, and execute the
functions required of the chief information officer by the
authority;
(2)
To provide assistance to agency heads in evaluating information officer
performance for each agency and in selection of candidates for such
positions;
(3)
To establish performance management standards, approved by the board regarding
success of projects, agency technology performance, and authority
performance;
(4)
To submit an annual budget for approval and adoption by the board;
(5)
To review periodic reports submitted by agencies;
(6)
To hire officers, agents, and employees, prescribe their duties and
qualifications, and perform such other duties as may be prescribed by the
authority. Such officers, agents, and employees shall serve at the pleasure of
the executive director. The executive director and other employees of the
authority shall be considered state employees
in the
unclassified service of the State Personnel Administration for the purposes of
benefits administered by the merit system and for retirement
purposes
for purposes
of employment and retirement benefits and subject to any laws, rules, or
regulations governing eligibility for such
benefits. Any officer or employee of the
authority who is already a member of the Employees' Retirement System of Georgia
by virtue of services with another employer shall be entitled to credit for his
or her services and shall not suffer any loss of such credit to which he or she
is otherwise entitled. There shall be paid from the funds appropriated or
otherwise available for the operation of the Georgia Technology Authority all
employer's contributions required under this chapter;
(7)
To contract for the services of individuals or organizations not employed full
time by the authority who or which are engaged primarily in the rendition of
personal services rather than the sale of goods or merchandise, such as, but not
limited to, the services of attorneys, accountants, systems engineers,
consultants, and advisers, and to allow suitable compensation for such services;
and to make provisions for group insurance, retirement, or other employee
benefit arrangements, provided that no part-time or contract employees shall
participate in group insurance or retirement benefits; and
(8)
To perform such other duties as the authority may direct from time to
time."
SECTION
2-110.
Said
Title 50 is further amended by revising Code Section 50-26-22, relating to
transfer of personnel to Department of Community Affairs, as
follows:
"50-26-22.
Effective
July 1, 1996, without diminishing the powers of the authority pursuant to Code
Section 50-26-8, all personnel positions authorized by the authority in fiscal
year 1996 shall be transferred to the Department of Community Affairs. All
employees of the authority on June 30, 1996, whose positions are transferred by
the authority to the Department of Community Affairs shall become employees of
the Department of Community Affairs and shall become employees in the
unclassified service
of the
State Personnel Administration as defined
by Code Section
45-20-6
45-20-2."
SECTION
2-111.
Said
Title 50 is further amended by revising Code Section 50-34-18, relating to
transfer of positions authorized by authority to Department of Community
Affairs, as follows:
"50-34-18.
Effective
July 1, 2002, without diminishing the powers of the authority pursuant to Code
Section 50-34-6, all personnel positions authorized by the authority in Fiscal
Year 2002 shall be transferred to the Department of Community Affairs. All
employees of the authority on June 30, 2002, whose positions are transferred by
the authority to the Department of Community Affairs shall become employees of
the Department of Community Affairs and shall become employees in the
unclassified service
of the
State Personnel Administration as defined
by Code Section
45-20-6
45-20-2."
PART
III
SECTION 3-1.
SECTION 3-1.
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.
SECTION
3-2.
Appropriations
for functions which are transferred by this Act may be transferred as provided
in Code Section 45-12-90.
PART
IV
SECTION 4-1.
SECTION 4-1.
This
Act shall become effective on July 1, 2012.
SECTION
4-2.
All
laws and parts of laws in conflict with this Act are repealed.
