2021 Georgia Code
Title 45 - Public Officers and Employees
Chapter 10 - Codes of Ethics and Conflicts of Interest
Article 1 - Codes of Ethics
§ 45-10-5. Authority to Enact Rules and Regulations
No member of any board, commission, or authority created by general statute shall enact any rules or regulations or publicize such as being general laws and such rules and regulations shall in no way have the effect of law.
(Ga. L. 1976, p. 344, § 2.)
Law reviews.- For article, "Conflicts of Interests of Public Officers and Employees," see 13 Ga. St. B.J. 64 (1976).
OPINIONS OF THE ATTORNEY GENERAL
Act containing adverse matters constitutionally defective.
- Ga. Const. 1976, Art. III, Sec. VII, Para. IV (see now Ga. Const. 1983, Art. III, Sec. V, Para. III), was designed for the prevention of surreptitious legislation, and the prevention of "omnibus" bills containing many adverse matters; although it is not required that the title of an act contain an exact synopsis of the law itself, it is required that the matter following the enacting clause be definitely related to what is expressed in the title, and have a natural connection to the main object of the legislation; therefore, the courts could rule the Act comprised of O.C.G.A. §§ 45-10-3 through45-10-5, which Act imposes a general code of ethics on members of the Board of Human Resources and purports to take away the rule making authority of all boards, commissions, and authorities of state government, constitutionally defective (but other interpretations may militate against such construction). 1976 Op. Att'y Gen. No. 76-43.1.
Construction of statute susceptible of more than one meaning.- This section may be viewed as merely stating that no single member of a board may attempt to usurp the power of the board as a whole to establish policy matters; this construction comports with the rule that when a statute is susceptible of more than one meaning, it should be interpreted consistently with the state Constitution. 1976 Op. Att'y Gen. No. 76-43.1.
This section does not negate the rule making powers of the Board of Human Resources. 1976 Op. Att'y Gen. No. 76-43.1.
RESEARCH REFERENCES
Am. Jur. 2d.
- 63C Am. Jur. 2d, Public Officers and Employees, § 252 et seq.
C.J.S.- 67 C.J.S., Officers and Public Employees, §§ 51, 81.
