House Bill 524
By: Representatives Bell of the 75th, Mitchell of the 88th, McQueen of the 61st, Berry of the
56th, and Romman of the 97th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to
general provisions regarding public officers and employees, so as to provide that elected
officers or officials shall not have their employment terminated solely as a result of being
elected to or holding an elected office; to provide for termination of such employment if
holding such office impairs more than half of the elected officer's or official's employment
duties; to provide for mandatory leave without pay for certain public employees holding
certain elected offices; to provide for related matters; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 1 of Title 45 of the Official Code of Georgia Annotated, relating to general
provisions regarding public officers and employees, is amended by adding a new Code
section to read as follows:
<ins>"45-1-9.
(a) Except as otherwise provided or required by the Constitution of this state, an elected
officer or official of this state shall not have his or her public or private employment
</ins>
<ins>terminated by his or her employer solely on the grounds that such officer or official holds
or has been elected to an elected office. No public or private employer shall terminate the
employment of an elected officer or official on grounds related to his or her holding of or
election to an elected office unless the employer can establish that the official duties of
such elected officer or official prevent him or her from performing more than 51 percent
of the duties assigned to his or her position of employment.
(b) Any appointed officer or employee of this state or a county, municipality, consolidated
government, school district, or other political subdivision of this state, who serves as an
elected official of this state or county, municipality, consolidated government, school
district, or other political subdivision of this state, is entitled to a leave of absence, without
pay, from such appointed office or position of employment while such elected official is
fulfilling the duties of his or her elected office."
</ins> SECTION 2.
All laws and parts of laws in conflict with this Act are repealed.