2022 Georgia Code
Title 16 - Crimes and Offenses
Chapter 10 - Offenses Against Public Administration
Article 1 - Abuse of Governmental Office
§ 16-10-6. Sale of Real or Personal Property to Political Subdivision by Local Officer or Employee; Exceptions; Limitation of Civil Liability

Universal Citation: GA Code § 16-10-6 (2022)
  1. As used in this Code section, the term “employing local authority” means a local authority or board created by a local Act of the General Assembly or a local constitutional amendment or created by general law and requiring activation by an ordinance or resolution of a local governing authority.
  2. Any employee, appointed officer, or elected officer of a political subdivision, hereafter referred to as “employing political subdivision,” or agency thereof or any employee or appointed officer of an employing local authority who for himself or herself or in behalf of any business entity sells any real or personal property to:
    1. The employing political subdivision or employing local authority;
    2. An agency of the employing political subdivision;
    3. A political subdivision for which local taxes for education are levied by the employing political subdivision; or
    4. A political subdivision which levies local taxes for education for the employing political subdivision

      shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.

  3. Subsection (b) of this Code section shall not apply to:
    1. Sales of personal property of less than $800.00 per calendar quarter;
    2. Sales of personal property made pursuant to sealed competitive bids made by the employee, appointed officer, or elected officer, either for himself or herself or on behalf of any business entity; or
    3. Sales of real property in which a disclosure has been made:
      1. To the judge of the probate court of the county in which the purchasing political subdivision or local authority is wholly included or, if not wholly included in any one county, to the judge of the probate court of any county in which the purchasing political subdivision or local authority is partially included and which shall have been designated by the purchasing political subdivision or local authority to receive such disclosures, provided that if the sale is made by the judge of the probate court, a copy of such disclosure shall also be filed with any superior court judge of the superior court of the county;
      2. At least 15 days prior to the date the contract or agreement for such sale will become final and binding on the parties thereto; and
      3. Which shows that an employee, appointed officer, or elected officer of an employing political subdivision or agency thereof or of an employing local authority has a personal interest in such sale, which interest includes, without being limited to, any commission, fee, profit, or similar benefit and which gives the name of such person, his or her position in the political subdivision or agency or local authority, the purchase price, and location of the property.
  4. Any contract or transaction for a sale made in accordance with subsection (c) of this Code section shall be valid and no employee, appointed officer, or elected officer shall be subject to civil liability for any such sale.

History. Code 1933, § 26-2306, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1972, p. 542, § 1; Ga. L. 1975, p. 854, § 1; Ga. L. 1979, p. 536, § 1; Ga. L. 1980, p. 733, § 1; Ga. L. 1982, p. 2107, § 15; Ga. L. 1983, p. 1326, § 2; Ga. L. 1984, p. 22, § 16; Ga. L. 1986, p. 10, § 16; Ga. L. 1994, p. 607, § 9; Ga. L. 1998, p. 593, § 1; Ga. L. 2003, p. 140, § 16; Ga. L. 2010, p. 228, § 1/HB 1007; Ga. L. 2011, p. 752, § 16/HB 142.

Cross references.

Purchase by state of supplies, materials, and other items generally, § 50-5-50 et seq.

Law reviews.

For article discussing statute preceding present criminal Code section restricting municipal purchasing from city officials, see 5 Ga. St. B.J. 309 (1969).

For article discussing the effect of this Code section on general statute on votes by municipal councilmen in matters of personal interest, § 36-30-6 , and on local statutory law, see 7 Ga. St. B.J. 431 (1971).

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