2021 Georgia Code
Title 45 - Public Officers and Employees
Chapter 7 - Salaries and Fees
Article 2 - Reimbursement of Expenses
§ 45-7-28. Advance Travel Funds - Lien When Employee Fails to File Accounting or Reimburse Funds

Universal Citation: GA Code § 45-7-28 (2021)

Should any employee granted a travel advance under this Code section and Code Sections 45-7-25 through 45-7-27 fail to file an accounting and reimbursement as provided by the rules and regulations adopted by the director of the Office of Planning and Budget, the head of each agency shall file with the director of the Office of Planning and Budget a certification of the amount so advanced, which shall then become a lien against any and all funds or moneys due the employee from the state or from the Employees' Retirement System of Georgia or the Teachers Retirement System of Georgia.

(Ga. L. 1973, p. 842, § 4; Ga. L. 1990, p. 8, § 45.)

OPINIONS OF THE ATTORNEY GENERAL

Authorized purposes not unconstitutional.

- TThe use of public funds for the purposes authorized under Ga. L. 1973, p. 842, §§ 1 through 4 (see now O.C.G.A. §§ 45-7-25 through45-7-28) does not violate Ga. Const. 1945, Art. VII, Sec. I, Para. II (see now Ga. Const. 1983, Art. III, Sec. VI, Para. VI) or Ga. Const. 1945, Art. VII, Sec. III, Para. IV (see Ga. Const. 1983, Art. VII, Sec. IV, Para. VIII). 1973 Op. Att'y Gen. No. 73-87.

Authorized purposes do not constitute a gratuity or a loan.

- The procedures authorized by O.C.G.A. §§ 45-7-25 through45-7-28 do not constitute either a gratuity or a loan to an employee; payments to an employee to compensate the employee for expenses to be incurred in rendering services to the state clearly do not constitute a gratuity where the employee is accountable for failure to employ the funds for that purpose; nor do such payments constitute a loan simply because there is a requirement that the employee account for such funds. 1973 Op. Att'y Gen. No. 73-87.

Liability of employee for default on accounting obligation.

- A default by an employee in obligation to account for the funds advanced to the employee for the purposes stated in O.C.G.A. § 45-7-25 is a failure "faithfully to account for all moneys coming into (his) hands," and thus is a claim cognizable under the bond required by O.C.G.A. §§ 45-8-2 and45-8-8; in the event the employee is not bonded as required by O.C.G.A. § 45-8-2, then the limitation of liability with respect to the principal and surety on the bond of the head of that state department contained in O.C.G.A. § 45-8-8 is no longer applicable and the historical rules of liability would in that event apply to the department head and surety. 1973 Op. Att'y Gen. No. 73-87.

Employees' Retirement System assets cannot be encumbered by lien to secure unreimbursed travel advance.

- None of the assets of the Employees' Retirement System, including funds held in members' annuity savings fund accounts, can be encumbered by a lien created to secure unreimbursed travel advance; however, such a lien can attach to other funds due employee by state. 1980 Op. Att'y Gen. No. 80-114.

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