Opinion In Reference To
2000-10 Disclosure of a public officers direct ownership interest in a tract of real property is required pursuant to O.C.G.A. § 21-5-50(b)(4) where the net fair market value of the interest exceeds $20,000.00 as of December 31 of a covered year, regardless of where the real property is located.
2000-9 A senior superior court judge, who is not being appointed in his senior judge capacity pursuant to O.C.G.A. § 15-1-9.1, may be appointed to serve as a part-time state-funded juvenile court judge and, so long as the hours worked annually do not exceed 1040 hours, there is no effect on the senior judges retirement.
2000-8 Several questions regarding rights under the Superior Court Judges Retirement System and under the appellate judges option of the Employees' Retirement System.
2000-7

Municipalities are not prohibited by Georgia's Constitution or laws from enacting ordinances regarding enforcement of traffic control devices by the use of cameras.
2000-6 A candidate for the position of local director of emergency management who has been convicted of a felony and fully pardoned is not eligible to hold that position under O.C.G.A. § 38-3-27(a)(2)(B).
2000-5 County criminal and traffic ordinance violations are covered by the Peace Officer and Prosecutor Training Fund Act of 1983, O.C.G.A. § 15-21-70 et seq.
2000-4 The billing and payment records of public employees and officials to a municipally owned and operated public utility system are subject to disclosure under the Georgia Open Records Act, barring the proper application of any exception. Additionally, any special treatment of those public officials by such utilities may need to be disclosed under the Ethics in Government Act and the failure to do so could subject the recipients to legal action.
2000-3 Local legislation is not necessary to establish a juvenile court for Liberty County alone, but the powers of the juvenile court cannot be restricted to only that county.
2000-2 The Governor's power to veto individual appropriations does not include the power to reduce an appropriation.
2000-1 Under the Georgia Electronic Records and Signatures Act, departments, agencies, authorities, and instrumentalities of the State of Georgia and its political subdivisions have the legal authority to determine how and the extent to which they will create, send, receive, store, recognize, accept, be bound by, or otherwise use electronic records and electronic signatures, in situations where there is no other controlling law specifying a different type of record or signature.
99-11 Limitations placed upon municipal home rule powers by O.C.G.A. § 36-35-6 expressly preclude a municipality from providing by either ordinance or charter amendment, for a fine or forfeiture in excess of $1,000.
99-10 The Board of Regents is within its statutory and constitutional authority in establishing a supplemental retirement plan at the Medical College of Georgia in consideration of continued service by employees during significant institutional change.
99-8 Where a vacancy is created by the prospective resignation of a member of a local board of education, the board may move to fill that vacancy prior to the effective date of the resignation.
99-9 Interest from cash bonds transferred by a sheriff to the appropriate clerk of court is not required to be remitted to the Georgia Indigent Defense Council unless the statute governing the particular clerk of court requires that the clerk remit interest to the Council. Also, since O.C.G.A. § 15-16-27(b) applies to cash bonds held by the sheriff, it does not apply to bonds posted by professional bondspersons.
99-7 Members of a county board of education may be employed by a separate school system even if the county board of education contracts with that system for use of its middle and high schools.
99-5 Persons sentenced to community service may be utilized to assist counties or municipalities in preserving and protecting abandoned cemeteries or burial grounds.
99-6 A probate judge may not employ an attorney to prosecute criminal cases in the probate court.
99-4 A teacher at a charter school, which is operated by a non-profit corporation as permitted by the Charter Schools Act of 1998, shall be a member of the Teachers Retirement System.
99-3 There is no general prohibition against a teacher employed by a local board of education serving as a county commissioner. However, such a prohibition could arise under the terms of a local law or because the county commission is able to directly affect the terms or conditions of the teachers employment.
99-2

Except as provided in O.C.G.A. § 43-14-12, a local government does not have the authority under O.C.G.A. § 48-13-9 to impose additional licensing requirements, including regulatory fees, upon state licensed electrical contractors who conduct business within the jurisdiction of the local government.
99-1 School systems in counties with a population of less than 100,000 may not authorize their school security employees to carry firearms. However, law enforcement personnel who are authorized to carry firearms from some source other than the school board may provide security at school functions.
98-15

Under current precedent the Georgia Constitution does not permit direct grants to private persons solely to induce economic activity for the general welfare.
98-16 The General Assembly is within its power to require information of the Board of Regents under Code Section 45-12-88 so long as its exercise of the power does not infringe upon the constitutional power of the Board to govern the University System, particularly its power to receive and allocate as a lump sum "[a]ll appropriations made for the use of any or all institutions in the university system."
1998-14

Local school system employee suggestion programs do not violate the constitutional prohibition against gratuities.
98-14 Local school system employee suggestion programs do not violate the constitutional prohibition against gratuities.
98-13 A superior court judge who was a member of the Superior Court Judges Retirement System and who paid the requisite contribution to obtain spousal benefits under that system may not recoup those spousal contributions if she subsequently chooses to reject spousal benefits under the new Georgia Judicial Retirement System.
98-12 The governing authority of a county may supplement the salary of a state judicial employee without separate local legislation. Further, a state employee may not contract with a county to perform services during the same forty-hour work week.
98-11

The City of Atlanta Solicitors office does not have the authority under O.C.G.A. § 35-3-37(d) to approve the expungement by an original agency of a criminal arrest record involving a felony or misdemeanor state offense which is dismissed in municipal court and for which no indictment or accusation has been drawn.
98-10 Cities that are located in more than one county may be consolidated with a county government. However, in the absence of a change in county lines or some additional general legislation to provide for consolidating governments of a city and more than one county, the city would have to give up some of its territory.
98-9 In light of the 1997 amendments to the School Safety and Juvenile Justice Reform Act limiting the exclusive jurisdiction of the superior courts to the trials of juveniles charged with offenses enumerated in O.C.G.A. § 15-11-5(b)(2)(A), judges of the magistrate court may issue arrest warrants for juveniles charged with such offenses.
98-8 Dual service as a volunteer firefighter and a member of a city council or county commission does not appear to violate the prohibitions of either O.C.G.A. § 36-30-4 or § 45-2-2. However, cities and counties confronted with this situation must determine for themselves, based on the unique circumstances presented by dual service in their particular jurisdiction, whether a common law conflict of interest exists.
98-7 Official Code of Georgia Annotated § 15-21-90 does not prohibit a county from considering a reduction on a citys inmate housing bill in the amount equivalent to the ten percent add on monies paid to the county pursuant to the statute.
98-6 The proposed Columbus ordinance regulating the manner and location in which a firearm may lawfully be placed in a home, building, trailer, vehicle, or boat would be ultra vires in that the ordinance conflicts with the general laws of the State of Georgia and because the regulation of firearms, with exceptions not relevant hereto, has been preempted by the General Assembly.
98-5 Marriage ceremonies in Georgia may be performed by any judge, including those from outside the state.
98-4 The Chairman of the Newton County Commissioners has sole authority to hire and fire county employees. In the case of employees who do not work in the road and bridge department, his authority is limited by a provision requiring the approval of the entire Commission.
98-3 The Open Meetings Act generally requires agencies to make official meetings open to the public, but portions of such meetings may be closed or conducted in executive sessions under certain specific circumstances if the proper procedures are followed.
98-2 The Georgia Constitution authorizes the General Assembly to create special schools. Pursuant to that authority the General Assembly may create a statutory mechanism by which one school could serve a multi- district area and provide for its governance by a governing board appointed by the local boards of the affected systems.
98-1 A municipal government may not create rules that make annexations effective prior to the time they are made effective by O.C.G.A. § 36-36-2.
97-33 The Privacy Act of 1974 (5 U.S.C. § 552a) does not apply to the provisions of O.C.G.A. § 40-5-28, which authorize the Department of Public Safety to require, as a condition of licensing, that applicants submit to fingerprinting.
97-32 The Erosion and Sedimentation Act requires an applicant for a land disturbing permit to obtain certification that there are no past due ad valorem taxes owed on the property for which the permit is requested.
97-31 Interpretation of O.C.G.A. 43-10A-7 regarding school counselors using the title "Professional School Counselors."
97-30 Georgia Military College is not a local school system as that term is defined in the Quality Basic Education Act and therefore is ineligible to be a member of a regional educational service agency (RESA). The State Board of Education is not authorized to waive the statutory definition so as to allow Georgia Military College to be a RESA member.
97-29 For the purposes of O.C.G.A. § 16-11-129, marijuana is a controlled substance such that a conviction arising out of the possession thereof should preclude an applicant from obtaining a license to carry a pistol or revolver.
97-28 The provisions of O.C.G.A. § 15-21-131 which impose an additional penalty of five percent for criminal offenses includes traffic offenses.
97-26 A first-term chief magistrate, who previously completed a four-year term as a magistrate after December 31, 1995, is entitled to a five- percent longevity increase under the provisions of O.C.G.A. § 15-10- 23(j).
97-27 Official Code of Georgia Annotated § 45-2-1, which creates a one- year residency requirement for county office-holders, prevents a county from creating a more stringent residency requirement for its office-holders.
97-25 Residency requirements for the election of local school board members cannot be established by board bylaws.
97-23 Under O.C.G.A. § 42-1-12, as effective July 1, 1997, the sheriff must release relevant information relating to sexually violent predators and is given the authority to determine what information and in what manner such information will be released.
97-24 Covered multifamily dwellings are not subject to the 2% cap on fully accessible or adaptable rental apartment complexes of 20 units or more which is found in O.C.G.A. § 30-3-2(8).
97-22

The geographic jurisdiction of a city housing authority established under the Housing Authority Law is governed primarily by the definition of "area of operations" in O.C.G.A. § 8-3-3(1).