§ 45-20-2. Definitions

As used in this chapter, the term:

1. “Appointing authority” means the person or groups of persons authorized by law or delegated authority to make appointments to fill positions.
2. “Classified employee” means an employee who was in the classified service as of June 30, 1996, and who has remained in a classified position without a break in service since that date.
3. “Classified position” means a position that held classified status conferring rights of appeal, as set forth in Code Sections 45-20-8 and 45-20-9, as of June 30, 1996, and that subsequent to June 30, 1996, has not been held by an unclassified employee.
4. “Classified service” means employment in a classified position.
5. “Commissioner” means the commissioner of administrative services provided for by Code Section 50-5-1.
6. “Department” and “agency” are synonymous and mean all separate and distinct divisions and subdivisions of state government whose heads are legally authorized to appoint employees to positions; but these terms shall not include authorities, public corporations, the legislative and judicial branches, and the board of regents. “Department” and “agency” shall also include an agency assigned to a department for administrative purposes and local departments of public health, county departments of family and children services, community service boards, and units of the Department of Defense with local employees.
7. “Department of Administrative Services” or “DOAS” means the department created by Code Section 50-5-1.
8. “Employment at will” means an employment relationship in which either party to the relationship may sever the relationship at any time for any reason other than an unlawful reason.
9. “Position” means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.
10. “Rules and regulations” means the governing provisions adopted by the State Personnel Board and approved by the Governor.
11. “State Personnel Board” and “board” are synonymous and mean the body authorized by Article IV, Section III, Paragraph I of the Constitution of Georgia.
12. “State Personnel Board policies” means those policies adopted by the board and approved by the Governor which describe the goals and objectives of the state personnel program and serve as a basis for the formulation and administration of the merit system rules and regulations.
13. “Unclassified employee” means an employee who is not a classified employee.
14. “Unclassified service” means employment at will and includes all employees except those in the classified service as defined in this Code section.
15. “Working test” or “working test period” means a probationary period of employment in a classified position during which the employee must demonstrate to the satisfaction of the appointing authority that he or she has the knowledge, ability, aptitude, and other necessary qualities to perform satisfactorily the duties of the position in which employed. The working test period shall apply to each promotion of a classified employee to a classified position. The commissioner may fix the length of the working test period for any job at not less than six months nor more than 18 months exclusive of any time in nonpay status; provided, however, that the length of the working test period for troopers of the Uniform Division of the Department of Public Safety shall be 18 months.
16. “Working test employee” or “employee on working test” means a classified employee serving a working test period in the position in which he or she is employed; provided, however, that an employee serving a working test period following a promotion in the same department from a lower class in which he or she had successfully completed a working test period shall retain appeal rights in the lower class until he or she successfully completes the working test period in the job to which he or she has been promoted.

History. Ga. L. 1972, p. 1015, § 2501; Ga. L. 1975, p. 79, § 2; Ga. L. 1976, p. 1547, § 1; Ga. L. 1982, p. 830, § 2; Ga. L. 1982, p. 1251, §§ 1, 2; Ga. L. 1983, p. 3, §§ 34, 61; Ga. L. 1983, p. 459, § 1; Ga. L. 1984, p. 22, § 45; Ga. L. 1984, p. 467, §§ 1, 2; Ga. L. 1985, p. 547, § 1; Ga. L. 1986, p. 469, §§ 1, 2; Ga. L. 1987, p. 575, § 4; Ga. L. 1988, p. 1252, § 5; Ga. L. 1990, p. 732, §§ 1-3; Ga. L. 1993, p. 510, § 1; Ga. L. 1993, p. 791, § 1; Ga. L. 1993, p. 1399, § 3; Ga. L. 1994, p. 97, § 45; Ga. L. 1994, p. 437, § 9; Ga. L. 1995, p. 345, § 1; Ga. L. 1995, p. 1069, § 3; Ga. L. 1996, p. 684, § 2; Ga. L. 2000, p. 1258, § 3; Ga. L. 2000, p. 1377, § 1; Ga. L. 2008, p. 335, § 8/SB 435; Ga. L. 2008, p. 546, § 2/SB 230; Ga. L. 2012, p. 446, § 1-1/HB 642.

Code Commission notes.

The amendment of this Code section by Ga. L. 2008, p. 335, § 8, irreconcilably conflicted with and was treated as superseded by Ga. L. 2008, p. 546, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).

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.”