2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 12 - Governor
Article 3 - Appointments and Vacancies
§ 45-12-51. General Power to Engage Services of Any Person

Universal Citation: GA Code § 45-12-51 (2020)

The Governor shall have the power to engage the services of any competent person for the discharge of any duty required by the laws and essential to the interests of the state or necessary, in an emergency, to preserve the property or funds of the state.

(Orig. Code 1863, § 75; Code 1868, § 69; Code 1873, § 74; Code 1882, § 74; Civil Code 1895, § 136; Civil Code 1910, § 159; Code 1933, § 40-305.)

OPINIONS OF THE ATTORNEY GENERAL

Governor may employ a financial advisor on matters pertaining to federal grants, priorities, and allotments to the state. 1945-47 Op. Att'y Gen. p. 300.

Governor had authority to create the State Crime Commission as an advisory body with no substantive state powers, to secure federal assistance for criminal justice planning functions, and to employ a staff for the commission from appropriations made available for that purpose; since the commission does not exercise executive, legislative, or judicial powers of the state, Ga. Const. 1983, Art. I, Sec. II, Para. III does not prohibit the combination of judicial, legislative, or executive officers in its composition. 1975 Op. Att'y Gen. No. 75-142.

Authority to pay agent's expenses.

- Under the provisions of O.C.G.A. §§ 17-13-42 and45-12-51, the Governor is required to appoint a person to act as an agent of the State of Georgia to receive a fugitive from justice from this state and return the fugitive to the authorities of the county from which the person is a fugitive; when the Governor acts under these statutory provisions, it necessarily follows that the Governor is authorized to pay the expenses, such as lodging at hotel and meals. 1952-53 Op. Att'y Gen. p. 97.

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Governor, § 5.

C.J.S.

- 67 C.J.S., Officers, § 21. 81A C.J.S., States, §§ 235, 236.

ALR.

- Validity, under state law, of appointment of independent special prosecutor to handle political or controversial prosecutions or investigations of persons other than regular prosecutor, 84 A.L.R.3d 29.

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