2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 22 - Public Employee Hazardous Chemical Protection and Right to Know
§ 45-22-12. Sovereign Immunity

Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state or any branch, department, board, bureau, commission, authority, or other agency of the state. A violation of the provisions of this chapter shall not be the basis for an action for damages against the state or any branch, department, board, bureau, commission, authority, or other agency of the state or any member, officer, or employee of the state or any branch, department, board, bureau, commission, authority, or other agency of this state and said entities and persons are granted immunity from civil actions for damages for any violation of the provisions of this chapter.

(Code 1981, §45-22-12, enacted by Ga. L. 1988, p. 1778, § 1.)

- For comment, "Keeping the Arms in Touch: Taking Political Accountability Seriously in the Eleventh Amendment Arm of the State Doctrine," see 64 Emory L.J. 819 (2015).

Sec.

• 45-23-1. Short title.
• 45-23-2. Legislative finding and declaration.
• 45-23-3. Definitions.
• 45-23-4. Suspension or termination of public employee convicted of drug offense.
• 45-23-5. Ineligibility for public employment of person convicted of drug offense.
• 45-23-6. Additional or more stringent sanctions authorized.
• 45-23-7. Continuance of employment for drug user; requirements and procedure.
• 45-23-8. Administrative procedures.
• 45-23-9. Application of chapter.

- For note on 1990 enactment of this chapter, see 7 Ga. St. U.L. Rev. 383 (1990).

OPINIONS OF THE ATTORNEY GENERAL

First offender treatment not "conviction".

- First offender treatment upon a verdict or plea of guilty is not a "conviction" within the meaning of the "Drug Free Workplace Act," O.C.G.A. § 45-23-1 et seq., applicable to public employees. 1992 Op. Att'y Gen. No. 92-10.