2020 Georgia Code
Title 45 - Public Officers and Employees
Chapter 7 - Salaries and Fees
Article 1 - General Provisions
§ 45-7-8. Officer Dismissal for Charging or Taking Fees Not Allowed or for Services Not Performed
Any public officer who shall charge or take fees not allowed by law or for service not performed shall, on conviction or proof thereof, be dismissed from office.
(Laws 1792, Cobb's 1851 Digest, p. 357; Code 1863, § 3634; Code 1868, § 3659; Code 1873, § 3710; Code 1882, § 3710; Penal Code 1895, § 1098; Penal Code 1910, § 1125; Code 1933, § 89-702.)
Cross references.- Acceptance of other compensated office or appointment by member of General Assembly, Ga. Const. 1983, Art. III, Sec. II, Para. IV.
JUDICIAL DECISIONS
Section indicative of public policy.
- When proceedings were not brought under former Code 1933, § 89-702 (see now O.C.G.A. § 45-7-8) but were instituted under former Code 1933, § 24-2724 (see now O.C.G.A. § 15-6-82), relating to removal of clerks for cause, former Code 1933, § 89-702 was at least indicative of the policy of this state that public officers shall not charge or take fees not allowed by law. Adamson v. Leathers, 60 Ga. App. 382, 3 S.E.2d 871 (1939).
Wrongful acts constituting malpractice in office.
- Any county commissioner who knowingly and willfully assists another public officer in charging and receiving unlawful fees was guilty of malpractice in office and of violating the provisions of former Code 1933, §§ 89-9907, 89-9908 (see now O.C.G.A. § 45-11-4). Cargile v. State, 67 Ga. App. 610, 21 S.E.2d 326 (1942).
OPINIONS OF THE ATTORNEY GENERAL
Arrest fees for sheriff.
- A sheriff is not entitled to an arresting fee for an arrest made by the county police, when the sheriff does not participate in the arrest, but sheriffs are entitled to an arresting fee when they arrest in an arrest made by the Georgia State Patrol. 1945-47 Op. Att'y Gen. p. 96.
Arrest fees for game warden.- When a game warden arrests a violator of the game and fish laws, the arrest fees go into the general funds of court. 1948-49 Op. Att'y Gen. p. 231.
Voluntary contributions to board's expenses not to be encouraged.- Neither the State Board of Examiners in Optometry (now the State Board of Optometry), nor any member thereof should encourage voluntary contributions to assist in meeting the expenses incurred in the administration of the affairs of the board. 1945-47 Op. Att'y Gen. p. 504.
RESEARCH REFERENCES
C.J.S.
- 67 C.J.S., Officers and Public Employees, §§ 233, 406, 409.
ALR.
- Liability of public officer or his bond to public body in respect of fees or charges which he illegally or improperly collected from members of public, 99 A.L.R. 647.
Removal of public officers for misconduct during previous term, 42 A.L.R.3d 691.
