2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 20 - Personnel Administration
Article 1 - General Provisions
§ 45-20-3. Duties and Functions of State Personnel Board Generally; Compensation; Quorum

1. 1. The State Personnel Board shall 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.
2. It shall be the specific duty and function of the 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's merit system. Notice of board meetings shall be released to all departments and agencies and shall be prominently posted at the office of the DOAS at least ten days prior to each board meeting;
   4. Where the board deems appropriate, to review adverse personnel actions for employees of the classified service in accordance with the rules and regulations. 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 promote public understanding of the purposes, policies, and practices of the 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.

(Ga. L. 1975, p. 79, § 4; Ga. L. 1976, p. 1547, § 2; Ga. L. 1979, p. 780, § 1; Ga. L. 1981, p. 1026, § 1; Ga. L. 1984, p. 427, § 2; Ga. L. 1990, p. 8, § 45; Ga. L. 1997, p. 844, § 1; Ga. L. 2000, p. 1377, § 1; Ga. L. 2008, p. 546, § 3/SB 230; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 1-1/HB 642.)

- Creation and composition, etc., of State Personnel Board, Ga. Const. 1983, Art. IV, Sec. III, Para. I.

Duty of State Personnel Board to formulate, establish, and maintain an employees' suggestion and awards program, § 45-21-2.

- 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."

JUDICIAL DECISIONS

Appeal of ruling by State Retirement Board.

- Plaintiff can appeal to the State Personnel Board from an adverse ruling of the State Retirement Board, on the grounds of discrimination. Cantrell v. State, 129 Ga. App. 465, 200 S.E.2d 163 (1973), aff'd, 231 Ga. 704, 203 S.E.2d 493 (1974).

Court of Appeals does not take judicial notice of the rules and regulations of the State Merit System. Beall v. Department of Revenue, 148 Ga. App. 5, 251 S.E.2d 4 (1978).

- State Personnel Board should be given first opportunity to pass on issue of reprisals against employees by fellow employees, that issue being within the primary jurisdiction of board. Bailey v. Wilkes, 162 Ga. App. 410, 291 S.E.2d 418 (1982).

Cited in Department of Human Resources v. Sims, 137 Ga. App. 72, 222 S.E.2d 832 (1975); Hays v. Skelton, 145 Ga. App. 543, 244 S.E.2d 66 (1978); Stanley v. Department of Human Resources, 146 Ga. App. 450, 246 S.E.2d 459 (1978); State v. O'Neal, 155 Ga. App. 870, 273 S.E.2d 631 (1980); Majanovic v. Georgia Dep't of Human Resources, 163 Ga. App. 450, 294 S.E.2d 669 (1982).

OPINIONS OF THE ATTORNEY GENERAL

Position not to be covered.

- To place the Deputy Director of Emergency Management Division of the Department of Defense under Merit System coverage when the deputy's tenure and compensation would be fixed by rules and regulations of the State Personnel Board would be in direct conflict with Ga. L. 1953, Nov.-Dec. Sess., p. 171, § 2 (see now O.C.G.A. § 38-3-20), which provides that the deputy shall hold office at the pleasure of the Governor, who shall fix compensation. 1963-65 Op. Att'y Gen. p. 7.

- County salary supplement for local department of health and county department of family and children services employees who are in the classified service of the State Merit System of Personnel Administration are permissible if the supplements are in compliance with Ga. L. 1975, p. 79, §§ 4 and 5 (see now O.C.G.A. §§ 45-20-3(a) and45-20-4(b)(3)), as well as with a plan providing for similar treatment of employees in the same class taking into account such factors as length of service, status, and service rating. 1976 Op. Att'y Gen. No. 76-97.

- There is no provision in the Merit System Law, nor in its regulations, authorizing signing bonuses for new therapists employed by the Division of Rehabilitation Services of the Department of Human Resources. 1989 Op. Att'y Gen. No. 89-10.

- No compensation can be paid to any probation supervisor or other probation personnel employed by the Department of Corrections and serving in the classified service of the State Merit System beyond that authorized in the compensation plan established by the State Personnel Board. 1989 Op. Att'y Gen. No. 89-39.

- The Georgia Office of Fair Employment Practices and the State Personnel Board still have concurrent jurisdiction over charges of unlawful discrimination. 1983 Op. Att'y Gen. No. 83-51.

If a charging party files a charge of discrimination with either the Georgia Office of Fair Employment Practices or the State Personnel Board, the other agency may take jurisdiction over that charge while it is pending with the first agency. 1983 Op. Att'y Gen. No. 83-51.

Commissioner of personnel administration lacks authority to enter interstate agreement to operate and fund test development center. 1980 Op. Att'y Gen. No. 80-16.

- Members of the State Personnel Board are authorized to receive their mileage expense and one daily allowance equal to the daily allowance received by members of the General Assembly for each day in which they perform duties or attend meetings for the State Personnel Board, including attendance at meetings for the Employee Benefit Plan Council, but they are not entitled to any additional compensation whatsoever. 1990 Op. Att'y Gen. No. 90-21.

- 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 when such representation might defeat the official public actions of another public officer. 1991 Op. Att'y Gen. 91-25.

RESEARCH REFERENCES

Am. Jur. 2d.

- 15A Am. Jur. 2d, Civil Service, §§ 15, 16.

- 67 C.J.S., Officers, § 334 et seq. 81A C.J.S., States, §§ 157, 206.

- Power or discretion of civil service commission in respect of classifying or grading positions in civil service, 134 A.L.R. 1103.