---
title: O.C.G.A. § 45-5-7. Hearing of complaints against budget unit employees and proceedings thereupon; effect on tenure.
collection: code
id: 45-5-7
cite_as: O.C.G.A. § 45-5-7 (2025)
canonical_url: https://georgiacommons.org/code/45-5-7
md_url: https://georgiacommons.org/code/45-5-7.md
text_url: https://georgiacommons.org/code/45-5-7/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t45-(v33)-2016-pdf.pdf?sfvrsn=cde47f8a_0#page=95
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/45-5.md
previous: https://georgiacommons.org/code/45-5-6.2.md
next: https://georgiacommons.org/code/45-5A-1.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: PUBLIC OFFICERS AND EMPLOYEES / VACATION OF OFFICE
extraction_warnings:
  - dehyphenation_unverified:in-capability
---

# O.C.G.A. § 45-5-7. Hearing of complaints against budget unit employees and proceedings thereupon; effect on tenure.

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.