2021 Georgia Code
Title 45 - Public Officers and Employees
Chapter 10 - Codes of Ethics and Conflicts of Interest
Article 1 - Codes of Ethics
§ 45-10-1. Code of Ethics for Government Service Generally - Establishment and Text
There is established for and within the state and for and in all governments therein a code of ethics for government service which shall read as follows:
Law reviews.- For article, "Conflicts of Interests of Public Officers and Employees," see 13 Ga. St. B.J. 64 (1976). For article, "Georgia's New Ethics Laws: A Summary of the Changes Relevant to Lobbyists and Legislators," see 11 Ga. St. B.J. 22 (No. 4, 2005).
JUDICIAL DECISIONS
Removal from office.
- A city commissioner's removal from office, based on acts committed prior to taking office, was erroneous because: (1) removal was not authorized by the city's charter; (2) the commissioner's conduct of maintaining innocence until the entry of a guilty plea after taking office was not an official act or one done under the color of the office; (3) the acts committed did not prevent the commissioner from performing the duties of that post; and (4) the commissioner was not guilty of evading the law after becoming a member of the commission. Ciccio v. City of Hephzibah, 289 Ga. App. 134, 656 S.E.2d 245 (2008), cert. denied, No. S08C0862, 2008 Ga. LEXIS 474 (Ga. 2008).
No duty on board to put citizen on agenda.
- A citizen was not entitled to a writ of mandamus directing a school board to place the citizen on the board's agenda because setting the agenda was a discretionary act that was not subject to mandamus and none of the statutes cited by the citizen, O.C.G.A. §§ 20-2-1160(a),45-10-1 and50-6-6(b), imposed a duty on the board to place the citizen on the board's agenda. James v. Montgomery County Bd. of Educ., 283 Ga. 517, 661 S.E.2d 535 (2008).
Cited in Pope v. Propst, 179 Ga. App. 211, 345 S.E.2d 880 (1986).
OPINIONS OF THE ATTORNEY GENERAL
Funeral service inspectors as trade association officers.
- State Board of Funeral Service inspectors appointed pursuant to O.C.G.A. Title 43, Chapter 18 are not prohibited by state law from holding appointed or elected office in private associations of funeral service practitioners. However, serving as an officer in such private association could create an appearance of impropriety by competing loyalties which may be owed to the association and to the board. 1990 Op. Att'y Gen. No. 90-25.
Dual employment.- A state employee may not contract with a county to perform services during the same 40-hour work week. 1998 Op. Att'y Gen. No. U98-12.
Representation by lawyer/legislator.- Lawyer/legislator may represent the legal interests of a Georgia company on matters in other states, including political consulting and the drafting of legislation. However, even if there may not be a per se conflict of interest, a lawyer/legislator must always vigilantly guard against such conflicts developing depending upon the facts and circumstances of each situation, especially when matters arise involving the lawyer/legislator's own actions in the consideration of legislation within the General Assembly. 2009 Op. Att'y Gen. No. U2009-3.
Full-time nature of judicial secretary job.
- Both O.C.G.A. § 15-6-27 and O.C.G.A. § 45-10-1 reinforce the understanding that the job of judicial secretary is a full time job to which the employee is expected to give his or her "earnest effort and best thought." 2016 Op. Att'y Gen. No. U16-2.
Simultaneous service of judicial secretary.
- A judicial secretary appointed pursuant to O.C.G.A. § 15-6-25 may not simultaneously serve the same court as an official court reporter because such an arrangement would prevent the secretary from complying with O.C.G.A. § 45-10-1 and providing the state with a full day's work for a full day's pay. 2016 Op. Att'y Gen. No. U16-2.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Officers and Employees, § 247 et seq.
C.J.S.- 67 C.J.S., Officers and Public Employees, §§ 6, 201.
ALR.
- Refusal of public officer to answer frankly questions asked him during an investigation as ground for removal or discipline, 77 A.L.R. 616.
Liability of public officer for interest or other earnings received on public money in his possession, 5 A.L.R.2d 257.
Validity, construction, and effect of state statutes restricting political activities of public officers or employees, 51 A.L.R.4th 702.
