reglab/housing_qa huggingface dataset:
GA Code § 45-22-12 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 22 - Public Employee Hazardous Chemical Protection and Right to Know|§ 45-22-12. Sovereign Immunity

 Nothing in this chapter shall be construed to constitute a waiver of the sovereign immunity of the state or any branch, department, board, bureau, commission, authority, or other agency of the state. A violation of the provisions of this chapter shall not be the basis for an action for damages against the state or any branch, department, board, bureau, commission, authority, or other agency of the state or any member, officer, or employee of the state or any branch, department, board, bureau, commission, authority, or other agency of this state and said entities and persons are granted immunity from civil actions for damages for any violation of the provisions of this chapter.    (Code 1981, §45-22-12, enacted by Ga. L. 1988, p. 1778, § 1.)   Law reviews.   - For comment, "Keeping the Arms in Touch: Taking Political Accountability Seriously in the Eleventh Amendment Arm of the State Doctrine," see 64 Emory L.J. 819 (2015).
GA Code § 45-23-1 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 23 - Drug-Free Public Work Force|§ 45-23-1. Short Title

 This chapter shall be known and may be cited as the "Drug-free Public Work Force Act of 1990."    (Code 1981, §45-23-1, enacted by Ga. L. 1990, p. 2004, § 1.)
GA Code § 45-23-2 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 23 - Drug-Free Public Work Force|§ 45-23-2. Legislative Finding and Declaration

 The General Assembly finds that the manufacture, distribution, sale, or possession of controlled substances, marijuana, and other dangerous drugs in an unlawful manner is a serious threat to the public health, safety, and welfare. It is declared to be a primary purpose and goal of this state, of all of its agencies and instrumentalities, and of all of its public officials and employees to take all reasonable steps possible to eradicate the unlawful manufacture, distribution, sale, and possession of controlled substances, marijuana, and other dangerous drugs. With this purpose in mind, the General Assembly declares that its work force must be absolutely free of any person who would knowingly manufacture, distribute, sell, or possess a controlled substance, marijuana, or a dangerous drug in an unlawful manner.For this reason, the General Assembly enacts this chapter.    (Code 1981, §45-23-2, enacted by Ga. L. 1990, p. 2004, § 1.)
GA Code § 45-23-3 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 23 - Drug-Free Public Work Force|§ 45-23-3. Definitions

 As used in this chapter, the term:    "Controlled substance" means any drug, substance, or immediate precursor included in the definition of the term "controlled substance" in paragraph (4) of Code Section 16-13-21.   "Convicted" or "conviction" refers to a final conviction in a court of competent jurisdiction or the acceptance of a plea of guilty.   "Dangerous drug" means any drug or substance defined as such under Code Section 16-13-71.   "Marijuana" means any substance described in paragraph (16) of Code Section 16-13-21.   "Public employee" means any person employed on a full-time, part-time, temporary, or intermittent basis by the state, including any agency, authority, department, bureau, or instrumentality thereof, or by any entity covered under the state system of personnel administration created by Chapter 20 of this title. Such term shall also include all employees, officials, or administrators of any public school system, including, but not limited to, primary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof.   "Public employer" means any state agency, department, board, bureau, or other instrumentality. This term also includes any agency covered under the state system of personnel administration created by Chapter 20 of this title or any public school system, including, but not limited to, primary, secondary, and postsecondary institutions operated by local or independent boards of education that receive any funds from the State of Georgia or any agency thereof.   "Public employment" means employment by any public employer.     (Code 1981, §45-23-3, enacted by Ga. L. 1990, p. 2004, § 1; Ga. L. 2009, p. 745, § 2/SB 97; Ga. L. 2012, p. 446, § 2-83/HB 642.)   Editor's notes.   - Ga. L. 2009, p. 745, § 1, purported to amend this Code section, but the amendment was inapplicable.   Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.   Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."   OPINIONS OF THE ATTORNEY GENERAL    "Conviction," as defined in the Drug-Free Public Work Force Act of 1990 O.C.G.A. § 45-23-1 et seq., does not include treatment under the Georgia First Offender Act, O.C.G.A. § 42-8-60 et seq., nor does it include a conviction based on a plea of nolo contendere. 1990 Op. Att'y Gen. No. 90-16.
GA Code § 45-23-4 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 23 - Drug-Free Public Work Force|§ 45-23-4. Suspension or Termination of Public Employee Convicted of Drug Offense

  Any public employee who is convicted for the first time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be suspended from his or her public employment for a period of not less than two months. Any such employee shall be required as a condition of completion of suspension to complete a drug abuse treatment and education program licensed under Chapter 5 of Title 26 and approved by: (1) the State Personnel Board in the case of employees employed by departments or agencies subject to the board's rules and regulations, as such terms are defined in Code Section 45-20-2; or (2) the public employer having management and control of the employee in the case of other public employees.   Any public employee who is convicted for a second or subsequent time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be terminated from his or her public employment and shall be ineligible for other public employment for a period of five years from the most recent date of conviction.     (Code 1981, §45-23-4, enacted by Ga. L. 1990, p. 2004, § 1; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-84/HB 642.)   Cross references.   - Controlled substances, T. 16, C. 13.   Editor's notes.   - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.   Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."
GA Code § 45-23-5 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 23 - Drug-Free Public Work Force|§ 45-23-5. Ineligibility for Public Employment of Person Convicted of Drug Offense

  Any person who has been convicted for the first time, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be ineligible for any public employment for a period of three months from the date of conviction.   Any person who has been convicted two or more times, under the laws of this state, the United States, or any other state, of any criminal offense involving the manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug shall be ineligible for any public employment for a period of five years from the most recent date of conviction.     (Code 1981, §45-23-5, enacted by Ga. L. 1990, p. 2004, § 1.)   Cross references.   - Controlled substances, T. 16, C. 13.
GA Code § 45-23-6 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 23 - Drug-Free Public Work Force|§ 45-23-6. Additional or More Stringent Sanctions Authorized

 The suspension, expulsion, and ineligibility sanctions prescribed in this chapter are intended as minimum sanctions, and nothing in this chapter shall be construed to prohibit any public employer from establishing and implementing additional or more stringent sanctions for criminal offenses and other conduct involving the unlawful manufacture, distribution, sale, or possession of a controlled substance, marijuana, or a dangerous drug.    (Code 1981, §45-23-6, enacted by Ga. L. 1990, p. 2004, § 1.)
GA Code § 45-23-7 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 23 - Drug-Free Public Work Force|§ 45-23-7. Continuance of Employment for Drug User; Requirements and Procedure

 On and after July 1, 1990, if, prior to an arrest for an offense involving a controlled substance, marijuana, or a dangerous drug, a public employee notifies the employee's public employer that the employee illegally uses a controlled substance, marijuana, or a dangerous drug and is receiving or agrees to receive treatment under a drug abuse treatment and education program licensed under Chapter 5 of Title 26 and approved by: (1) the State Personnel Board in the case of employees employed by departments or agencies subject to the board's rules and regulations, as such terms are defined in Code Section 45-20-2; or (2) the public employer having management and control of the employee in the case of other public employees, the public employee shall be entitled to maintain the employee's public employment for up to one year as long as the employee follows the treatment plan. During this period, the public employee shall not be separated from public employment solely on the basis of the employee's drug dependence, but the employee's work activities may be restructured if practicable to protect persons or property. No statement made by an employee to a supervisor of the public employee or other person in order to comply with this Code section shall be admissible in any civil, administrative, or criminal proceeding as evidence against the public employee. The rights granted by this Code section shall be available to a public employee only once during a five-year period and shall not apply to any public employee who has refused to be tested or who has tested positive for a controlled substance, marijuana, or a dangerous drug.    (Code 1981, §45-23-7, enacted by Ga. L. 1990, p. 2004, § 1; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-85/HB 642.)   Editor's notes.   - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.   Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."
GA Code § 45-23-8 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 23 - Drug-Free Public Work Force|§ 45-23-8. Administrative Procedures

 Administrative procedures for the implementation of this chapter shall be promulgated by the State Personnel Board for departments or agencies subject to the board's rules and regulations, as such terms are defined in Code Section 45-20-2, and by other public employers for other public employees under their management and control. Such procedures shall include those elements of due process of law required by the Constitution of Georgia and the United States Constitution.    (Code 1981, §45-23-8, enacted by Ga. L. 1990, p. 2004, § 1; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-86/HB 642; Ga. L. 2013, p. 141, § 45/HB 79.)   Editor's notes.   - Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.   Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."
GA Code § 45-23-9 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 23 - Drug-Free Public Work Force|§ 45-23-9. Application of Chapter

 This chapter shall apply only with respect to criminal offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any public employer from implementing sanctions additional to or other than those provided for in this chapter with respect to offenses committed prior to July 1, 1990.    (Code 1981, §45-23-9, enacted by Ga. L. 1990, p. 2004, § 1.)
GA Code § 45-24-1 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 24 - Governmental Reorganization and Termination From Employment Reform|§ 45-24-1. Short Title

 This chapter shall be known and may be cited as the "Governmental Reorganization and Termination from Employment Reform Act of 1997."    (Code 1981, §45-24-1, enacted by Ga. L. 1997, p. 1528, § 1.)
GA Code § 45-24-2 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 24 - Governmental Reorganization and Termination From Employment Reform|§ 45-24-2. Definitions

 As used in this chapter, the term:    "Commission" means the State Personnel Oversight Commission.   "Employer" means an employing unit within the government of the State of Georgia, including every department, commission, board, bureau, agency, branch of government, or any other employing unit by whatever name called, which has the authority and power to appoint, employ, release, separate, or fail to reappoint public officers or employees.   "Involuntary separation" means the release or separation from state service of an officer or employee who is entitled to coverage under the involuntary separation retirement benefits provisions of Code Section 47-2-123.   "State department" means a unit of state government which is a budget unit in the General Appropriations Act.     (Code 1981, §45-24-2, enacted by Ga. L. 1997, p. 1528, § 1.)
GA Code § 45-24-3 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 24 - Governmental Reorganization and Termination From Employment Reform|§ 45-24-3. State Personnel Oversight Commission

  There is created the State Personnel Oversight Commission to be composed of three members appointed by the President of the Senate, three members appointed by the Speaker of the House of Representatives, and three members appointed by the Governor. The Governor shall appoint one of the Governor's appointees as chairperson. Five members of the commission shall constitute a quorum for the transaction of business. None of the members shall be officers or employees of the state. The President of the Senate shall designate one of such officer's initial appointees to serve an initial term of one year, one of such officer's initial appointees to serve an initial term of three years, and one of such officer's initial appointees to serve an initial term of five years. The Speaker of the House of Representatives shall appoint one of such officer's initial appointees to serve an initial term of two years, one of such officer's initial appointees to serve an initial term of four years, and one of such officer's initial appointees to serve an initial term of five years. The Governor shall appoint one of such officer's initial appointees to serve an initial term of one year, one of such officer's initial appointees to serve an initial term of two years, and one of such officer's initial appointees to serve an initial term of three years. After the expiration of such initial terms of office, successors to members of the commission whose initial terms of office expire and all future successors to members of the commission whose terms of office expire shall be appointed by the person occupying the office which made the original appointment and shall serve for a term of five years and until the appointment and qualification of their respective successors. Vacancies on the commission, except those caused by expiration of term, shall be filled by the appointment of a replacement member by the person occupying the office which made the appointment to the membership position on the commission which became vacant, and the person so appointed shall serve for the remainder of the unexpired term and until the appointment and qualification of a successor.   The members of the commission shall serve without compensation but shall receive the allowances authorized for legislative members of interim legislative committees. The Governor's office shall maintain the names and addresses of the members of the commission as a matter of public record. The Georgia Building Authority shall make available to the commission such meeting facilities as the chairperson may request. The commission shall be assigned to the Employees' Retirement System of Georgia for administrative purposes only, as defined in Code Section 50-4-3.     (Code 1981, §45-24-3, enacted by Ga. L. 1997, p. 1528, § 1.)
GA Code § 45-24-4 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 24 - Governmental Reorganization and Termination From Employment Reform|§ 45-24-4. Commission to Approve Involuntary Separation; Compliance With Code Section 45-24-8 Required for Reorganization

 From and after July 1, 1997, no employer shall cause the involuntary separation of a state officer or employee without the prior approval of the commission. An employer may proceed with a reorganization which might result in such involuntary separation without prior approval of the commission upon compliance with Code Section 45-24-8.    (Code 1981, §45-24-4, enacted by Ga. L. 1997, p. 1528, § 1.)
GA Code § 45-24-5 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 24 - Governmental Reorganization and Termination From Employment Reform|§ 45-24-5. Notice to Commission Prior to Involuntary Separation

 An employer contemplating the involuntary separation from state service of an officer or employee shall notify the chairperson of the commission at least 90 but not more than 120 days prior to the proposed date of the separation. Pending the completion of such procedures, the employee or officer proposed for termination shall be compensated from any funds appropriated or available to the employer which may be used for such purpose. The notice shall be in writing and shall include the following information:    The name and current annual compensation of the officer or employee proposed for involuntary separation;   The age, length of service, current job description, and summary of the work experience of the officer or employee proposed for involuntary separation;   The educational qualifications of the officer or employee proposed for involuntary separation; and   An explanation of the reasons for the proposed involuntary separation of the officer or employee.     (Code 1981, §45-24-5, enacted by Ga. L. 1997, p. 1528, § 1.)
GA Code § 45-24-7 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 24 - Governmental Reorganization and Termination From Employment Reform|§ 45-24-7. Authorization to Proceed With Separation

 If the commission by majority vote of those members present approves the involuntary separation, the employer is authorized, but not required, to proceed with the separation. If the employer proceeds with such separation, the employer shall not be eligible to have any increase in the number of employees in that employing unit for the next two fiscal years. If the commission rejects the involuntary separation, the employee shall not be separated, shall continue to be employed and compensated by the employer, and shall not be the subject of a proposed involuntary separation more than once every two years. As used in this Code section, the term "number of employees" means the total number of employees immediately prior to the involuntary separation, not counting any employee to be involuntarily separated.    (Code 1981, §45-24-7, enacted by Ga. L. 1997, p. 1528, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1997, "Code section" was substituted for "subsection" in the last sentence.
GA Code § 45-24-8 (2021)
2021 Georgia Code|Title 45 - Public Officers and Employees|Chapter 24 - Governmental Reorganization and Termination From Employment Reform|§ 45-24-8. Proceedings for Reorganization

  No employer shall institute a reorganization of that employer or any component thereof if the reorganization will result in the involuntary separation of any official or employee thereof who is eligible for involuntary separation unless, prior to that reorganization becoming effective, that employer effects a transfer of each such official or employee to another component of the employer not subject to such reorganization or obtains a transfer of each such official or employee to another employer, which transfer shall meet the following requirements:   The annual compensation for the new employment position is the same or greater than the current annual compensation of the official or employee being transferred;   The duties and responsibilities for such position shall be reasonably compatible with the previous work experience and educational qualifications of the official or employee being transferred and the availability of an unclassified position for a person in a classified position shall be deemed a comparable position if the duties, responsibilities, and compensation of the unclassified position are otherwise comparable to the classified position; and   The position is one which includes the holder thereof as a member of the Employees' Retirement System of Georgia.     An official or employee transferred to an employer pursuant to this Code section shall be deemed to have resigned from service at his or her own choice upon the failure of such person to accept the transfer and shall therefor not qualify for retirement benefits based upon involuntary separation from employment without prejudice.   A reorganization by an employer in violation of this Code section is void, and no official or employee shall be separated from employment as a result of such void reorganization, whether or not that person is eligible for involuntary separation.     (Code 1981, §45-24-8, enacted by Ga. L. 1997, p. 1528, § 1.)   OPINIONS OF THE ATTORNEY GENERAL   Reassignment from classified to unclassified service.    - If an agency has identified another position in the agency which meets the four requirements of former O.C.G.A. § 47-7-123(h)(2), but would entail reassignment of the employee from the classified service to the unclassified service, the unclassified position would be considered a comparable position. 1997 Op. Att'y Gen. No. 97-17.