Ga. Comp. R. & Regs. R. 125-2-1-.02 - Employment

Current through Rules and Regulations filed through April 4, 2022

Except for those positions exempted in accordance with law, applicants for employment with the Department of Corrections shall be required to meet the current criteria for the particular position as established under the provisions of the State Personnel Administration.

(a) No applicant who has been convicted by any state or by federal government, of any crime, the punishment for which could have been imprisonment in a federal or state prison or institution or who has been convicted of sufficient misdemeanors to establish a pattern of disregard for the law is eligible for employment in a position that would required police powers; provided this subparagraph (a) shall not apply to violation of traffic laws and cases involving the operation of motor vehicles when the applicant has received a pardon.
(b) Applicants previously convicted of a misdemeanor who are former inmates, parolees, former parolees, probationers or former probationers being considered for employment by an institution under the jurisdiction of the State Board of Corrections must first be individually approved by the Commissioner of the Department of Corrections.
(c) Applicants previously convicted of a felony being considered for employment by the Department of Corrections under the jurisdiction of the State Board of Corrections must first be individually approved by the Commissioner of the Department of Corrections and then submitted to the State Board of Corrections for their review and approval.
(d) All state employees and all County Wardens, Deputy Wardens and Superintendents shall be subject to a security investigation which will, as a minimum, include a fingerprint check with state and federal agencies and verification of personal data and claimed education and employment experience. Falsification or withholding of pertinent data shall be considered cause for denial of employment or dismissal and may result in prosecution.
1. No county governing authority shall hire, in an acting capacity, for the positions of County Wardens, Deputy Wardens and Superintendents without first performing a criminal background check and credit check on the applicant. These checks will be performed by the Georgia Department of Corrections if so requested by the county governing authority. The reports shall be submitted to the Board of Corrections for review and approval prior to extending any applicant an offer of employment in an acting capacity.
(e) All County Wardens/Superintendents and Business/Records Managers must have diplomas attesting to their having been graduated from a recognized high school or possess a General Education Development (GED) certificate testifying to their having achieved high school graduation equivalency.
1. Subject to the provisions in (d)1. above, employees selected by a county governing authority to act as warden or deputy warden in a county correctional institution can only be in an acting capacity for a period not to exceed 4 calendar months from the date hired in the acting capacity unless otherwise approved by the Board of Corrections.
(f) Appointments to the positions of Warden/Superintendents and Deputy Wardens/Superintendents of State Prisons/Centers shall require the approval of the Commissioner of the Department of Corrections.
(g) The Warden/Superintendent and Deputy Warden of a County Institution shall be appointed by the County governing authority, subject to the approval of the State Board of Corrections and shall serve at the pleasure of the County governing authority, and the State Board of Corrections. The administration of county correctional institutions shall, at a minimum, include a Warden, Deputy Warden, and Business Manager. The following criteria for appointment shall apply:
1. At least thirty (30) days in advance of the appropriate meeting date for the State Board of Corrections, the County governing authority shall submit to the Commissioner of the Department of Corrections a request that a designated applicant be considered for approval as the County Warden/Superintendent and/or Deputy Warden.
2. The County governing authorities shall attach to their request a detailed resume and an executed APPLICANT fingerprint card concerning the applicant.
3. On completion of a security investigation, the Commissioner of the Department of Corrections will submit the application, the County recommendation, and his recommendation to the Board of Corrections for consideration at their next regular meeting.
4. The County Commissioners concerned and the applicant will be notified of the results of the Board action.
(h) Employees at State Prison/Center shall meet all State Personnel Administration requirements relative to the particular job to which appointed. Except for County Wardens/Superintendents as covered above, state employment criteria, although not mandatory, should be used as a guide in the hiring of County Correctional Institution employees.
(i) Each candidate for employment shall be required to undergo a medical (complete physical) examination and meet those minimum physical standards which are consistent with the requirements of the position sought.
(j) Candidates shall be selected and offered employment solely on the basis of their individual merit and capacity to perform the designated job in accordance with all state and federal laws concerning discrimination with regard to race, color, religion, national origin, sex, handicap or age, except where such affects their ability to perform assigned duties.

Notes

Ga. Comp. R. & Regs. R. 125-2-1-.02
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 35-8-88, 42-2-1, 42-2-4, 42-2-11, 42-5-53, 42-5-55, 42-10-2, 42-19-21, 45-9-81.
Rule entitled "Employment" adopted as R. 415-2-1-.02. F. Nov. 14, 1984; eff. Dec. 4, 1984. R. renumbered as R. 125-2-1-.02. F. June 28, 1985; eff. July 20, 1985, as specified by the Agency. Amended: F. Oct. 23, 1990; eff. Nov. 12, 1990. Amended: F. Dec. 10, 1992; eff. Dec. 30, 1992. Amended: F. Nov. 22, 1995; eff. Dec. 12, 1995. Amended: F. Nov. 6, 1998; eff. Nov. 26, 1998. Amended: F. Dec. 3, 1999; eff. Dec. 23, 1999. Amended: F. June 10, 2002; eff. June 30, 2002. Amended: F. Oct. 1, 2009; eff. Oct. 21, 2009.

The following state regulations pages link to this page.



State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.