Title 45 — Title 45

(a) When an action has been commenced by or against a public officer of the state in his official capacity and such officer’s successor in office has been substituted as a party pursuant to subsection (d) of Code 3 45-1-2 PUBLIC OFFICERS & EMPLOYEES 45-1-4 Section 9-11-25, such a…

Reg’l Educ. Serv. Agency v. Weaver, 272 Ga. 289, 527 S.E.2d 864 (2000), reversing Weaver v. North Ga. Regional Educ. Serv. Agency, 238 Ga. App. 72, 517 S.E.2d 794 (1999). Employment as grandfathered pharmacist. — Trial court erred in dismissing a public employee’s Georgia Whistle…

When an employee of the state or of a county, municipality, or school district is terminated and, as a condition of a settlement agreement, the personnel file of the employee is to be partially or totally purged, the former employee’s personnel records, including both the personn…

(a) As used in this chapter, the term: (1) ‘‘Commission’’ means the Georgia Government Transparency and Campaign Finance Commission created under Code Section 21-5-4. 12 45-1-6 (2) ‘‘Gift’’ means a gratuity, subscription, membership, trip, meal, loan, extension of credit, forgive…

Persons who, after an election, fail to comply with all the prerequisites of the law in order to obtain commissions or certificates to discharge the duties of their office shall, by reason of such failure, be ineligible for reelection to the same office at the next election. (Ori…

Committee of doctors to develop fitness standards; licensed physician to make physical examination; contracts for assessments of employees; fee for committee members and consultants; certification. State department or agency to furnish standards of fitness of positions. Examining…

Reserved. Repealed by Ga. L. 2015, p. 385, § 3-2/HB 252, effective July 1, 2015. Editor’s notes. — This Code section was based on Ga. L. 1937-38, Ex. Sess., p. 189, § 1; Ga. L. 1955, p. 382, § 1; Ga. L. 1968, p. 1244, § 1; Ga. L. 2009, p. 859, § 15/HB 509. Ga. L. 2015, p. 385, § …

Every public officer shall: (1) Take the oath of office; (2) Take any oath prescribed by the Constitution of Georgia; (3) Swear that he or she is not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (4) Swear that he…

(a) Code Sections 45-3-1 through 45-3-10 shall apply to all municipal corporations and to all peace officers of this state or any political subdivision or authority thereof. (b) When taken by municipal officers, official oaths shall be filed in the office of the judge of the prob…

All persons who are employed by and are on the payroll of the state and are the recipients of wages, per diem, or salary of the state or its departments and agencies, with the exception of pages employed by the General Assembly, and all counties and cities, school districts, and …

The loyalty oath required by Code Section 45-3-11, this Code section, and Code Sections 45-3-13 through 45-3-15 shall apply to all elected officers of this state, including the Governor, constitutional officers, elected officials of any political subdivision of the government of …

The oath prescribed in Code Section 45-3-11 shall be in the following form: ‘‘I, (Name) a citizen of and being an employee of and the recipient of public funds for services rendered as such employee, do hereby solemnly swear and affirm that I will support the Constitution of the …

If any person required by Code Sections 45-3-11 through 45-3-13, this Code section, and Code Section 45-3-15 to execute a loyalty oath fails to sign said oath, then the governing authority under whom such person is employed shall cause such person’s name to be taken from the payr…

If any person required to do so by Code Sections 45-3-11 through 45-3-14 and this Code section executes a loyalty oath and subsequently it is proved that said individual has violated the oath, then the governing authority shall institute proceedings in the proper court against su…

This article shall apply to the oaths of office of all public officers of this state unless the contrary is expressly provided. (Orig. Code 1863, § 163; Code 1868, § 158; Code 1873, § 169; Code 1882, § 169; Civil Code 1895, § 265; Civil Code 1910, § 300; Code 1933, § 89-301.)

The form of the oath prescribed in Code Section 45-3-1 and the oath of office to be taken and subscribed shall be forwarded with the dedimus potestatem and shall be taken and subscribed at the time of receiving the commission before the officer to whom the same is directed and in…

The commissions of the following officers shall have annexed thereto the great seal of the state, and shall be signed by the Governor and countersigned by the Secretary of State, namely: senators and representatives in Congress; Justices of the Supreme Court; Judges of the Court …

The commissions of all other civil officers, except constables and clerks of magistrate courts, of the state or county shall be under the seal of the office of the Governor, signed by the Governor, and countersigned by one of his secretaries. All officers of the militia of the gr…

The oaths prescribed in Code Section 45-3-1, when taken by an officer whose general duties are not confined to any one county unless otherwise specially provided, shall be filed with the certificate required by Code Section 45-3-3 in the office of the Governor and, when taken by …

When taken by the judges of the probate courts and the clerks of the superior courts, official oaths shall be filed in the office of the clerk of the superior court and also entered on the minutes of the court. When taken by sheriffs, the oaths shall be filed in the office of the…

The officer in whose office the oaths prescribed in Code Section 45-3-1 are filed must endorse thereon the day and year of filing. (Orig. Code 1863, § 139; Code 1868, § 134; Code 1873, § 144; Code 1882, § 144; Civil Code 1895, § 239; Civil Code 1910, § 274; Code 1933, § 89-307.) …

Before proceeding to act, all deputies shall take the same oaths as their principals take and the oaths shall be filed and entered on the minutes of the same office with the same endorsement thereon; but this Code section shall not apply to any deputy who may be employed in parti…

No officer or deputy required by law to take and file the oaths prescribed in Code Section 45-3-1 shall enter upon the duties of his office without first taking and filing the same in the proper office. (Orig. Code 1863, § 141; Code 1868, § 136; Code 1873, § 146; Code 1882, § 146…

Any officer or deputy required by law to take and file an official oath who shall enter upon the duties of his office without first taking and filing the same in the proper office shall be guilty of a misdemeanor. (Orig. Code 1863, § 141; Code 1868, § 136; Code 1873, § 146; Code …

The approval of all official bonds shall be in writing, endorsed on the bonds, and shall show the day and year on which they were approved; and such bonds shall not be filed until thus approved. (Orig. Code 1863, § 145; Code 1868, § 140; Code 1873, § 150; Code 1882, § 150; Civil …

The official bonds of public officers, required by law to be filed in the office of the comptroller general, Secretary of State or with the office of the Governor, shall be filed within 40 days after the election or appointment of such officers. All county officers shall have unt…

Every officer in whose office the official bond of any public officer is filed shall endorse on such bond the day and year when the same was filed and shall sign his name to such endorsement. (Orig. Code 1863, § 151; Code 1868, § 146; Code 1873, § 157; Code 1882, § 157; Civil Cod…

When any officer of whom bond is required shall fail to make and file the same, as prescribed in Code Section 45-4-14, the court or officer in whose office the bond is required to be filed shall at once certify such failure to the appointing power and to the power whose duty it m…

Deputies shall give bonds with surety, payable to their principals, for their conduct as deputies, conditioned as and for the same amounts, unless otherwise provided by law, as their principals’ bonds. Such bonds shall be recorded in the same office and in the same manner as the …

(a) No public officer required by law to give bond shall perform any official act before his bond is approved and filed as required. (b) Any such public officer who shall perform any official act before his bond is approved and filed shall be guilty of a misdemeanor. (Orig. Code …

All bonds taken from public officers shall be kept in the places specified by law and copies thereof shall be furnished to any person desiring them. (Orig. Code 1863, § 14; Code 1868, § 12; Code 1873, § 12; Code 1882, § 12; Civil Code 1895, § 12; Civil Code 1910, § 12; Code 1933,…

Actions on bonds taken from public officers may be brought by any person aggrieved by the official misconduct of the officer, in his own name, in any court in this state having jurisdiction thereof, without an order for that purpose. No such action shall be instituted or maintain…

Any person who claims damages of any principal officer for the act of his deputy may, at his option, bring an action on the deputy’s bond instead of on that of the principal, in the same manner as an action may be brought on the principal’s bond. (Orig. Code 1863, § 158; Code 186…

Official bonds of public officers shall not be discharged by a single recovery, but proceedings against the officer or his sureties or both may be had from time to time until the whole penalty is exhausted; and said bonds are joint and several whether or not so set forth. (Laws 1…

The measure of damages recoverable in actions upon all official bonds for the misconduct of the officer, unless otherwise specially enacted, shall be the amount of injury actually sustained, including the reasonable expenses of the action to the plaintiff and the costs of court. …

All bonds taken by public officers under the laws of this state shall be returned to the offices specified by law; and any person interested therein may bring an action thereon, in his own name, in any court having jurisdiction thereof. (Orig. Code 1863, § 15; Code 1868, § 13; Co…

This chapter shall apply to the official bonds of all public officers of this state, including those whose offices may be established hereafter, unless the contrary is expressly provided. (Orig. Code 1863, § 163; Code 1868, § 158; Code 1873, § 169; Code 1882, § 169; Civil Code 18…

Official bonds of all officers who are entitled to commissions from the Governor and who are required to give bonds shall be prepared and furnished by the office of the Governor at the time of forwarding the dedimus potestatem. (Orig. Code 1863, § 144; Code 1868, § 139; Code 1873…

All bonds that this chapter applies to shall have at least two and not more than 20 good and solvent sureties who shall be worth the amount of said bond, over and above their homestead, in case of county officers, all of whom must be permanent residents of the state and two of wh…

Guaranty or surety companies incorporated under the laws of this state or which have complied with all requirements to transact business in this state may become sureties upon the bonds of all state or county officers; and the various officers of this state whose duty it is to ap…

No attorney at law or county officer shall be accepted as surety on the bond of any county officer. (Ga. L. 1876, p. 13, § 1; Code 1882, § 152; Civil Code 1895, § 248; Civil Code 1910, § 283; Code 1933, § 89-416.) 45-4-9. New bond and surety when surety relieved or insufficient.

The Governor shall require a new surety and bond for the performance of any public duty by any officer under this chapter when, in the Governor’s discretion: (1) The surety gives written notice to the Governor of his desire to be relieved from future liability for good cause stat…

45-5-3.1. Authority to fill vacancy absent quorum; appointment by Governor to fill vacancy. 45-5-4. Continuation in office of appointee during succeeding term. 45-5-5. To whom resignations to be made. 45-5-6. Public official investigated by special commission upon in- dictment; g…

(a) The resignations of all state and county officers and senators and representatives of the State of Georgia in the United States Congress shall be made to the Governor. If the resignation is from an office which may not be filled by executive appointment of the Governor, the G…

Whenever an elected constitutional executive officer is unable to exercise the duties of office due to a temporary disability and another person exercises the duties of office as provided in this chapter, during the period of disability the elected constitutional executive office…

The fiscal year for this state and for all units of the state government shall commence on July 1 and end on June 30 of each year, and all public officers of this state shall keep their official accounts in accordance therewith. The fiscal year shall be uniform for all state depa…

The year for official reports shall be coincident with the fiscal year, and it shall be the duty of the public officers of this state to make and publish in print or electronically annually their official reports for the period commencing on July 1 and ending on June 30 of each y…

(a) Each state agency, authority, office, board, department, or official directed by law to file or electing to file an annual report shall notify each member of the General Assembly in the manner which the reporting entity deems to be most effective and efficient that such repor…

Powers of all public officers are defined by law and all persons must take notice thereof. The public may not be estopped by the acts of any officer done in the exercise of an unconferred power. (Civil Code 1895, § 268; Civil Code 1910, § 303; Code 1933, § 89-903.) History of Cod…

All books, papers, and other office property kept by any public officer under the laws of this state may be copied or inspected subject to the requirements of Article 4 of Chapter 18 of Title 50. (Laws 1831, Cobb’s 1851 Digest, p. 196; Code 1863, § 16; Code 1868, § 14; Code 1873,…