§ 45-20-2 - Definitions - Georgia Statutes

O.C.G.A. 45-20-2 (2010)
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 service" means that employment status conferring rights of appeal, as set forth in Code Sections 45-20-8 and 45-20-9. "Classified service" includes only those employees of state departments as defined in this Code section who were in the classified service as of June 30, 1996, and who have remained in classified positions without a break in service since that date.

(3) "Commissioner of personnel administration" and "commissioner" mean the chief executive officer of the State Personnel Administration who is responsible for administering the state personnel program in accordance with applicable state and federal laws and the policies and rules of the State Personnel Board.

(4) "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.

(5) "Classified position" means a position that was classified on June 30, 1996, and that subsequent to June 30, 1996, has not been held by an unclassified employee.

(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 include an agency assigned to a department for administrative purposes and shall also include 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) "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.

(8) "Position" means a set of duties and responsibilities assigned or delegated by competent authority for performance by one person.

(9) "Rules and regulations" and "merit system rules and regulations" mean the governing provisions of the State Personnel Administration, as adopted by the State Personnel Board and approved by the Governor which give force and effect to the policies of the State Personnel Board.

(10) "State Personnel Board" and "board" are synonymous and mean the body authorized by Article IV, Section III, Paragraph I of the Constitution of Georgia.

(11) "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.

(12) "Unclassified service" means employment at will and includes all employees except those in the classified service as defined in this Code section.

(13) "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.

(14) "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.