2020 Georgia Code
Title 49 - Social Services
Chapter 3 - County and District Departments, Boards, and Directors of Family and Children Services
§ 49-3-4. Appointment of Staff; Salaries; Power of Commissioner to Transfer Employees

1. The county department staff necessary to administer welfare activities within the county shall be appointed pursuant to the rules and regulations of the Department of Human Services and the State Personnel Board and subject to the approval of the commissioner of human services. Staff appointments shall meet the qualifications prescribed by the department.
2. The salaries of the members of the staff shall be fixed by the county director in conformity with the salary schedule prescribed by the Department of Human Services.
3. The commissioner shall have power to transfer from one county to another or from one district to another any employee of a county department.

(Ga. L. 1937, p. 355, §§ 12, 14; Ga. L. 1951, p. 282, § 1; Ga. L. 1963, p. 222, § 2; Ga. L. 2000, p. 240, § 4; Ga. L. 2009, p. 453, §§ 2-2, 2-4/HB 228; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-95/HB 642.)

The 2012 amendment, effective July 1, 2012, substituted "State Personnel Board" for "State Personnel Administration" in the first sentence of subsection (a).

- 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

No authority of board, superior court, or appellate court to compel promotions.

- Neither the Board of Human Resources, the superior court, nor the appellate court has the authority to compel a promotion when the appointing authority has, within the bounds of the authority's permissible discretions, declined to do so. Horne v. Skelton, 152 Ga. App. 654, 263 S.E.2d 528 (1979).

- Position of mental health center service coordinator at a county health department is created by the State of Georgia and is governed by the Georgia State Merit System of Personnel Administration for the Georgia Department of Human Resources with respect to the terms and conditions of employment including hiring, termination, promotion, demotion, and wage rates. A fortiori, the county is not an "employer" within the meaning of Title VII (42 U.S.C. § 2000e et seq.) of the federal Civil Rights Act of 1964. Lewis v. DeKalb County, 569 F. Supp. 11 (N.D. Ga. 1983).

Cited in Employees Retirement Sys. v. Baughman, 241 Ga. 339, 245 S.E.2d 282 (1978).

County boards and departments of family and children services are state instrumentalities and their employees are state employees. 1977 Op. Att'y Gen. No. U77-54.