2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 10 - Codes of Ethics and Conflicts of Interest
Article 2 - Conflicts of Interest
Part 1 - General Provisions
§ 45-10-20. Definitions

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, 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.

(Code 1981, §45-10-20, enacted by Ga. L. 1983, p. 1326, § 1; Ga. L. 1984, p. 22, § 45; Ga. L. 1984, p. 1337, § 1; Ga. L. 2005, p. 694, § 36/HB 293; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-71/HB 642.)

- Pursuant to Code Section 28-9-5, in 1985, "administrative services" was substituted for "the Department of Administrative Services" in paragraph (10).

- Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "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." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

- For article, "Conflicts of Interests of Public Officers and Employees," see 13 Ga. St. B.J. 64 (1976).

Pharmacy selling medicine to a Medicaid recipient is not selling personal property to Department of Medical Assistance (now Department of Community Health) and hence is not "transacting any business" with the department. Georgia Dep't of Medical Assistance v. Allgood, 253 Ga. 370, 320 S.E.2d 155 (1984).

OPINIONS OF THE ATTORNEY GENERAL

Transactions by brothers of officials.

- Transactions with state agencies by family members of public officials which are statutorily prohibited are limited to transactions by the official's spouse or dependents, not the official's brothers. 1984 Op. Att'y Gen. No. 84-18.

- Since members of the Board of Offender Rehabilitation have a scope of influence which is more or less limited to the Department of Offender Rehabilitation, and in view of the statutory definition of "state-wide powers," a board member is a public official with limited powers. 1984 Op. Att'y Gen. No. 84-18.

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

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 247 et seq.

- 67 C.J.S., Officers and Public Employees, § 80 et seq.