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Unofficial Opinion 2016 Op. Ga. Att'y Gen. [i] (2016)

handle is hein.sag/sagga0093 and id is 1 raw text is: GEOR~GIA~ GEORGIA DERPRTMENT OF LAW- 40 C 1PITO)L SQL ARIE SW Unofficial Opinion 2016-1 February 5, 2016 To: Senators Re: An appointment to the DeKalb County Audit Oversight Committee may not be rescinded and the appointee may not be removed from her position without following the procedures outlined under the law. Dear Senators Butler, Parent and Van Ness: You have requested my opinion whether an appointment made to the DeKalb County Audit Oversight Committee may be rescinded by the appointing authority. It is my unofficial opinion that such an appointment, which is made to a position for a term of years and where the incumbent may be removed only for cause or through a specific statutory procedure, may not be rescinded. The incumbent may be removed from the position only through compliance with the established legal procedures, which may include providing the incumbent with notice and an opportunity for a hearing on the reasons for removal. BACKGROUND 1.The Statute - 2015 Ga. Laws 3826 (Act 206, H.B. 599) On May 12, 2015, Governor Nathan Deal signed into law Act 206, H.B. 599, after its passage by the House on March 19 and the Senate on March 24. Website of the General Assembly of Georgia, http://www.legis.ga.gov/legislation/en-US/Display/20152016/H B/599 (last visited February 4, 2016); 2015 Ga. Laws 3826. This Act is local legislation and as such it became effective immediately upon the Governor's signature because there is no separate effective date specified in the Act. O.C.G.A. § 1-3-4(b). The Act provides for the creation of a DeKalb County Office of Internal Audit that is independent of county government control. 2015 Ga.

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