2020 Georgia Code
Title 46 - Public Utilities and Public Transportation
Chapter 2 - Public Service Commission
Article 2A - Utility Finance Section
§ 46-2-42. Employment of Assistant Director of Utility Finance Section; Employment of Accountants, Statisticians, Experts, and Clerical Personnel; Application of Rules and Regulations

1. The director of the Utility Finance Section shall employ an assistant director who shall be employed at the pleasure of the commission and as provided by law.
2. The director shall employ such accountants, statisticians, experts, and clerical personnel as are necessary for the effective performance of the duties of the section, and such employees shall be in the unclassified service as defined by Code Section 45-20-2.
3. Rules and regulations of the State Personnel Board concerning compensation and promotion shall not apply to employees of the Utility Finance Section.

(Code 1933, § 93-203a, enacted by Ga. L. 1981, p. 121, § 4; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-87/HB 642.)

The 2009 amendment, effective July 1, 2009, substituted "State Personnel Administration" for "state merit system" twice in subsection (c).

The 2012 amendment, effective July 1, 2012, added ", and such employees shall be in the unclassified service as defined by Code Section 45-20-2" at the end of subsection (b); and substituted the present provisions of subsection (c) for the former provisions, which read: "With the concurrence of the State Personnel Administration compensation board, certain employees of the section may be included in the 'unclassified service' in addition to those currently provided by paragraph (15) of Code Section 45-20-2. The State Personnel Administration regulations and restrictions concerning compensation and promotion shall not apply to such employees."

- 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."

OPINIONS OF THE ATTORNEY GENERAL

Positions in unclassified service.

- The Georgia Public Service Commission positions of the director of utilities, the public information officer and the director and assistant director of the Utility Finance Section are, as a matter of law, unclassified positions. 1981 Op. Att'y Gen. No. 81-39.

Accountant, statistician, expert, and clerical positions of Utilities Finance Section may be placed in unclassified service if State Personnel Board concurs. 1981 Op. Att'y Gen. No. 81-39.