Upon information being received that any individual employed by the state government is guilty or is alleged to be guilty of irregularities, misconduct, malpractice, malfeasance, misfeasance, incompetence, incapability, or inefficiency in the conduct of his or her official duties, the head of the budget unit, department, or agency employing said person shall be notified of such charges; and if the head of the budget unit, department, or agency takes the position that the charges are unfounded and fails or refuses to discharge the individual against whom the complaint is lodged, it shall be the duty of the Governor to hear the complaint and if, in his opinion, the facts sustain the truth of the accusation, the individual shall stand discharged from state service. Nothing in this Code section shall affect the tenure of office of the elected officials of this state, nor the tenure of office of appointed officials of this state who have been confirmed by the Senate as required by law, nor the tenure of office of those employees who are subject to merit system laws and rules and regulations.
History. Code 1933, § 40-424, enacted by Ga. L. 1962, p. 17, § 1.
Cross references.
Restriction on power of Governor and Office of Planning and Budget to strike arbitrarily name of state employee from requisition for allotment of funds or from budget of budget unit, department, or agency of state government, § 45-12-94 .
Structure Georgia Code
Title 45 - Public Officers and Employees
Chapter 5 - Vacation of Office
§ 45-5-1. When Offices Deemed Vacated; Filling Vacancy; Notice; Appeal
§ 45-5-2. Office to Be Vacated Immediately Upon Final Conviction of Felony; Filling of Vacancy
§ 45-5-3. Election or Appointment of Successor to Fill Unexpired Terms
§ 45-5-3.1. Authority to Fill Vacancy Absent Quorum; Appointment by Governor to Fill Vacancy
§ 45-5-3.2. Filling of Vacancies in Office of District Attorney; Special Election
§ 45-5-4. Continuation in Office of Appointee During Succeeding Term
§ 45-5-5. To Whom Resignations to Be Made
§ 45-5-6.1. Suspension and Vacation of Office of Public Officials Convicted of Felony