16-11-13
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16-11-13.
(a)
Every person and every board, commission, council, department, or other agency
of the state or any political subdivision thereof which appoints, employs, or
supervises in any manner the appointment or employment of public officials or
employees shall establish, by rules, regulations, or otherwise, procedures
designated to ascertain before any person, including teachers and other
employees of any public educational institution in this state, is appointed or
employed, that he is not a subversive person and that there are no reasonable
grounds to believe such person is a subversive person. In the event such
reasonable grounds exist, he shall not be appointed or employed. In securing any
facts necessary to ascertain the information required by this Code section, all
applicants and employees shall be required to sign a written statement or
questionnaire containing answers to such inquiries as may be material and
containing the following questions:
(1)
Full name including maiden name, names of former marriages, former names changed
legally or otherwise, aliases, and nicknames, and the dates used;
(2)
Address;
(3)(A)
Are you now or have you been within the last ten years a member of any
organization which to your knowledge at the time of membership advocates or has
as one of its objectives the overthrow of the government of the United States or
of the government of the State of Georgia by force or violence? Yes ____ No
____. If 'Yes,' state the name of the organization and your past and present
membership status including any offices held therein.
(B)
If the answer to (A) is 'Yes' and the employing authority deems further inquiry
necessary, you will be notified of such determination. No action adverse to your
application will be taken because of an affirmative answer until after such an
inquiry, with notice to you and an opportunity for you to present evidence, and
only if the result of such inquiry brings your application within the
prohibition within the 'Sedition and Subversive Activities Act of 1953.'
(4)(A)
Have you ever been convicted or are any charges now pending against you by
federal, state, or other law enforcement authorities, for any violation of any
federal law, state law, county or municipal law, regulation, or ordinance? (Do
not include anything that happened before your sixteenth birthday. Do not
include minor traffic violations for which a fine of $35.00 or less was imposed.
All other convictions must be included even if they were pardoned.) Yes ____ No
____.
(B)
If the answer to (A) is 'Yes,' state the reason convicted, the date convicted,
and the place where convicted.
(b)
The written statement or questionnaire shall contain notice that it is subject
to the penalties of false swearing.
(c)
The Governor is authorized to make appropriate orders, rules, and regulations to
effectuate the purposes of Code Section 16-11-12, this Code section, and Code
Section 16-11-14.