Ga. Comp. R. & Regs. R. 125-2-1-.12 - Administrative and Employee Housing
Current through Rules and Regulations filed through April 4, 2022
In recognition of the security, emergency, and continuous operational needs of the Department, and with particular recognition of the need for a capability of immediate reaction to emergency situations, the Georgia Board of Corrections makes available housing on the premises of various institutions and prisons for certain employees of the Department who are considered essential to the operation of the Department.
(a) Each warden/superintendent shall be
required, as a condition of employment, to reside in housing on the prison
grounds where such housing is available unless granted an exemption by the
Commissioner.
1. In the event such housing is
not be available, the Department shall lease adequate housing as close to the
Warden's assigned prison as possible.
2. A warden may request an exemption from the
condition of employment of having to reside in housing on the prison grounds.
Such requests shall be in writing, shall state the reasons why the warden is
seeking the exemption, and shall be forwarded to the Commissioner for review
and possible approval. If the Commissioner concludes that there is adequate
justification for the warden to reside elsewhere the Commissioner may grant the
request. If the Commissioner grants a warden an exemption from the condition of
employment of having to reside in housing on the prison grounds then the
Commissioner shall require the deputy warden for security or the chief of
security to reside in the housing on the prison grounds as a condition of
employment for the deputy warden for security or the chief of security. Wardens
who receive such an exemption shall be responsible for their own living
expenses and shall not receive any financial assistance from the Department for
their living arrangements.
3. The
occupation of such housing by the warden, deputy warden for security, or the
chief of security, shall be pursuant to rental agreements whereby it will be
acknowledged by the warden, deputy warden for security, or the chief of
security, that: the occupancy of administrative housing is a condition of
employment and is not provided as an additional benefit for the performance of
his job; the occupancy of the housing does not create an entitlement arising
out of the employee's job; each employee shall agree to abide by the terms,
conditions and provisions of the agreement as a condition of his employment;
and will acknowledge that the agreement creates no estate or other interest in
the real property occupied.
4. The
Commissioner of the Department of Corrections or the Commissioner's designee
shall be authorized to enter into and execute such agreements on behalf of the
Department.
(b) The
assignment of other employees to housing on the premises of various
institutions and prisons shall be made by the warden/superintendent, with the
approval of the Commissioner or the Commissioner's designee, on the basis of
criteria approved by the Commissioner. Such criteria shall give priority to
those employees designated by the warden/superintendent as first necessary, or
desirable occupants capable of responding to emergency situations and then in
accordance with other necessary operational needs of the prison.
1. The occupation of such housing shall be
pursuant to rental agreements whereby it will be acknowledged by the employee
that: the occupancy of the housing does not create an entitlement arising out
of the employee's job; each employee shall agree to abide by the terms,
conditions and provisions of the agreement including the timely payment of any
monies due; and will acknowledge that the agreement creates no estate or other
interest in the real property occupied.
2. The Commissioner of the Department of
Corrections or the Commissioner's designee shall be authorized to enter into or
execute such agreements on behalf of the Department.
(c) The Commissioner of the Department of
Corrections shall establish rental and utility fees to be charged for employee
housing. If the rental and utility fees to be charged for employee housing are
set at less than fair market value the Department of Corrections shall make
appropriate income tax payroll deductions for employees who reside in such
housing.
Notes
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