2021 Georgia Code
Title 45 - Public Officers and Employees
Chapter 7 - Salaries and Fees
Article 1 - General Provisions
§ 45-7-3. Compensation of State Officials Designated in Code Sections 45-7-4, 45-7-20, and 45-7-21; Reimbursement of Members of General Assembly Serving on Advisory Boards and Similar Entities of the Executive and Judicial Branches

1. Unless specifically stated otherwise, the state officials designated in Code Sections 45-7-4, 45-7-20, and 45-7-21 shall not receive from state funds any compensation, salary, contingent expense allowance, longevity pay, or allowance of any kind other than that specified or provided for in such Code sections. The annual salary for each such official shall be paid in equal monthly or semimonthly installments.
2. Members of the General Assembly may be reimbursed from funds of the executive and judicial branches of state government for their service upon advisory or investigative boards, committees, commissions, and other similar entities of the executive and judicial branches, subject to the following conditions:
   1. Such reimbursement shall be limited to actual expenses incurred or to actual travel expenses incurred and a per diem allowance not to exceed the per diem allowance paid to members of the General Assembly for service on interim committees of the General Assembly, provided that a mileage allowance for use of a personal motor vehicle may be substituted for actual expenses incurred in the use of the vehicle; and
   2. No such reimbursement shall be paid to any member of the General Assembly for any day upon which the member of the General Assembly receives compensation or reimbursement from the legislative branch of state government.

      Members of the General Assembly are expressly authorized to receive reimbursement as provided for in this subsection, and the executive and judicial branches of state government are expressly authorized to pay reimbursement as provided for in this subsection.

(Ga. L. 1973, p. 701, § 1; Ga. L. 1978, p. 4, § 1; Ga. L. 1988, p. 284, § 1.)

- Acceptance of other compensated office or appointment by member of General Assembly, Ga. Const. 1983, Art. III, Sec. II, Para. IV.

Purpose of Ga. L. 1978, p. 4, §§ 1 and 4 (see now O.C.G.A. §§ 45-7-3 and45-7-21) is to set limitations on current earnings and expenses of those in high governmental office and not to penalize those who assume such office by requiring forfeiture of a previously accrued payment obligation of the state. State v. O'Neal, 155 Ga. App. 870, 273 S.E.2d 631 (1980).

- During officer's tenure as Commissioner of Department of Administrative Services, appellee was subject to limitations regarding compensation contained in Ga. L. 1978, p. 4, §§ 1 and 4 (see now O.C.G.A. §§ 45-7-3 and45-7-21), notwithstanding that appellee assumed office several months prior to enactment of legislation governing compensation. State v. O'Neal, 155 Ga. App. 870, 273 S.E.2d 631 (1980).

A public official subject to the Compensation Act, cannot be paid for accumulated annual leave. 1979 Op. Att'y Gen. No. 79-34.

- The estate of a constitutional officer whose salary is set by the Compensation Act, cannot be paid for any amount of the officer's accrued leave. 1979 Op. Att'y Gen. No. 79-34.

- Compensatory time cannot be earned, credited, or granted to state constitutional officers and officials whose compensation is set by the State Compensation Act, 1985 Op. Att'y Gen. No. 85-6.

For disposition of accrued leave when commissioner of natural resources resigned to become commissioner of labor, see 1985 Op. Att'y Gen. No. 85-59.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 271 et seq.

- 67 C.J.S., Officers and Public Employees, § 374 et seq, 381 et seq.

- Validity of agreement by public officer or employee to accept less than compensation or fees fixed by law, 70 A.L.R. 972; 118 A.L.R. 1458; 160 A.L.R. 490.

Right of public officers or employees to preference or priority in payment of their salaries or fees and expenses, 92 A.L.R. 635.

Validity of contract by officer with public for rendition of new or special services to be paid for in addition to regular compensation, 159 A.L.R. 606.

Constitutional provision fixing or limiting salary of public officer as precluding allowance for expenses or disbursements, 5 A.L.R.2d 1182.