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Georgia State Code
Title      32
Chapter       2  
Section Navigation     1 ... 20           21 ... 65    
    66 ... 75         76 ... 77      
Section<<< 21 40 41 42 60 61 62 63 64 65 >>>  
Title 32, Chapter 2, Section 41 (32-2-41)

(a) As the chief executive officer of the department, the commissioner shall have direct and full control of the department. He shall possess, exercise, and perform all the duties, powers, and authority which may be vested in the department by law, except those duties, powers, and authority which are expressly reserved by law to the board. When the board is not in regular or called session, the commissioner shall perform, exercise, and possess all duties, powers, and authority of the board except:

(1) Approval of the advertising of nonnegotiated construction contracts;

(2) Approval of authority lease agreements;

(3) Confirmation or rejection of the recommendation for appointment of the following department officers: the deputy commissioner; the chief engineer; and the treasurer and the assistant treasurer of the department; and

(4) Approval of long-range plans and programs of the department.

The commissioner shall also have the authority to exercise the power of eminent domain and to execute all contracts, authority lease agreements, and all other functions except those that cannot legally be delegated to him by the board.

(b)(1) The commissioner shall have the authority to employ, discharge, promote, supervise, and determine the compensation of such personnel as he may deem necessary or useful to the effective operation and administration of the department except that the commissioner shall not employ a person who is related within the second degree of consanguinity to the commissioner or any member of the board, provided that such prohibition shall not be applied so as to terminate the employment of persons employed before said prohibited relationship was created by the subsequent election of a board member or appointment of a commissioner. The commissioner shall also have the authority to create, staff, abolish, and regulate such organizational elements as may be deemed necessary or proper for the efficient operation of the department.

(2) The power granted to the commissioner in paragraph (1) of this subsection shall be subject to and limited by Article 1 of Chapter 20 of Title 45 establishing a merit system for department employees, to the extent that the same or any amendments thereto are now or may be hereafter applicable to department personnel.

Saturday May 23 20:11 EDT

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