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PAEG EIGHT
their appointment. No person
, employed in a professional ea
pacilv by a private or public]
education institution, or by the
State Department of Education
shall be elidible for appointment j
or to serve on said Board. No
person who i ; or has been con
nected with or employed by a
school book publishing concern
shall be eligible to membership
on the Board, and if anv person
shall be sf) connected or em
ployed after becoming a mem-1
her of the Board his place shall
immediately become vacant.
The said Stale Board ol Edu
cation shall have such powers
and duties as provided by law
and existing at**ie lime of the
adoption of this Constitution,
together with such further now- j
ers and duties as may be here
after provided by law.
Section lit.
Paiagraph 1. State School
Superintendent; election, term,
etc. There shall be a State I,
School Superintendent, who
shall be the executive officer of
the State Board of Education,]
elected at the same time and in
the same manner and for the
same term ns that of Governor, j
Tim State School Superintend-]
enl shall have such qualifica
tions and shall he paid such]
compensation as may be fixed
by law No member of said
Board shall be eligible for elec
tion as Stale School Superin
tendent during the time for
which he shall have been ap
pointed-
Section IV.
Paiagiaph I University Sys
tem of Georqia; Board of Re
pents. There shall he a Board
of Regents of the University]
System of Georgia, and the gov-;
eminent, control, and manage
ment, of the University System
of Georgia and all of its institu
lions in said System shall be i
vested in said Board of Regents
of the University System of
Georgia. Said Board of Regent.-,
of the University System of
Georgia shall consist of one;
member from each Congression
al District in the State, and five
additional members from the
State-at-large, appointed by the
Governor and confirmed by the
Senate, The Governor shall not I
be a member of the said Board, j
The first Board of Regents un
do' this Constitution shall con
sist of those in office at the:
time this Constitution is adopt
ed, with the terms provided bv j
lav Thereafter all succeeding
appointments shall be for seven]
year terms from I he expiration!
Of I he previous term. Vacan
cies upon said Board caused hv
expiration of term of office shall
he similarly filled bv appoint
ment and confirmation. In case
of a vacancy on said Board bv
death, resignation of a member,
or from any other cause other
than the expiration of such mem
ber's term of office, the Board
shall by secret ballot elect his
successor, who shall hold office
until the end of the next session
of the General Assembly, or if
the General Assembly bo then in
session to the end of that ses
sion, During such session of the
General Assembly the Governor
shall appoint the successor mem
ber of the Board for (tie unex
pired term and shall submit his
name to the Senate for con
firmation. All members of the
Board of Regents shall hold of
fice until their successors are
appointed The said Board of
Regents of the University Sys
tem of Georgia shall have the
Cowers and duties as provided
v law existing at the time of
the adoption of this Constitu
tion. together with such fur
ther powers and duties as may
be hereafter provided bv law.
Section V.
Paragraph 1 Counly System;
Board of Education; election,
lerm, etc. Authority is granted
to Counties to establish and
maintain public schools within
their limits. Each County, ex
clusive of any independent
school system now in existence!
in a County shall compose one
school district and shall be con-1
fined to the control and man-;
agement of a County Board of;
Education. The Grand Jury I
of each County shall select from]
the citizens of their respective
Counties five freeholders, who
shall constitute the County
Board of Education. Said mem
bers shall be elected for the
term of five years except that]
the first election of Board mem-'
bers under this Constitution]
shall be for such terras that will !
provide for the expiration of
the term of one member of the
Countv Board of Education each
year. In ease of a vacancy on)
said Board bv death, resignation
of a member, or from any other]
cause other Ilian the expira
tion of such member’s term of
office, ibe Board shall bv se
cret ballot elect his successor,
who shall hold office until the
next Grand Jury convenes it
which time said Grand Jury I
shall appoint the successor
member of the Board for tfie
unexpired term. The members
of the County Board of Educa
tion of such County shall be se
lected from that portion of the
Countv not embraced within
the territory of an independent
school district.
The General Assembly shall
have authority to make provis
ion for local trustees of each.
school In a county system and !
confer authority upon them to
make recommendations as to
budgets and employment of
teachers and other authorized
employees.
Section VI.
Paragraph I, County School
Superintendent; election, term,
etc. There shall be a County
School Superintendent, who
shall be the executive officer
of the County Board of Educa
tion. He shall be elected bv the
people and his term of office
shall be for four years and run
concurrently with other county
officers. The qualifications and
the salary of the County School
Superintendent shall be fixed
by law.
Section VII.
Paragraph I, Independent
systems continued; new systems
orohibited. Authority is here
by granted to municipal corpo
rations to maintain existing in
dependent school systems, and
support tire same as authorized
by special or general law. and
such existing systems may add
thereto colleges. No independ
ent school system shall here
after he established.
Section VIII.
Paragraph I. Meetinqs of
Boards of Education. All offi
cial meetings of County Boards
lof Education shall be open to
tire public.
Section IX.
Paragraph I. Contracts for;
| care of pupils. County Boards
of Education and independent
] school systems may contract ]
]with each other for the educa
tion. transportation and care of
pupils.
Section X.
Paragraph 1 Certain systems
protected. Public school systems!
established prior to the adop- '•
j (ion of the Constitution of 1877]
shall not be affected by this
Constitution,
Section XI.
Paragraph I. Grants, bequests
and donations permitted. The
Slate Board of Education and
j the Regents of the University]
I System of Georgia may accept
bequests, donations and grants
of land, or other property, for]
the use of their respective sys-1
terns of education.
Paragraph 11. Grants, bequests
and donations to county Boards
of Education and independent
school systems. County Boards
of Education and independent
school systems may accept be-1
quests, donations and grants of
land, or other property, for the ]
use of their respective systems;
of education.
Section XII.
Paragraph I. Taxation by
counties for education. The
fiscal authority of the several
Counties shall lew a tax for the
support and maintenance of
education not less than five
mills nor greater than fifteen
mills (as recommended by the
County Board of Education)
upon the dollar of all taxable
property in the Counlv located
outside independent school sys
tems. The independent school
system of Chatham Countv and
the Cilv of Savannah, being co
extensive with said County,
the levy of said tax shall be on
all property in said County as
recommended bv the governing
body of said system.
ARTICLE IX.
Homesteads and Exemptions.
Section I.
Paragraph I Amount of
j homestead and exemptions.
! There is hereby exempt from
I levy and sale, by virtue of any
process whatever under the
i laws of this State, the property
i of every head of a family, or
guardian, or trustee of a family
of minor children, or every
j aged or infirm person, or per
j son having the care and sup
! port of dependent females of
i any age, who is not the head of
a family, realty or personalty,
i or both, to the value in the ag
gregate of sixteen hundred dol
lars: and the General Assembly
i shall have authority to provide
I the manner of exempting said
; property, the sale, alienation
] and encumbrance thereof, and
to provide for the waiver of
said exemption bv the debtor.
Paragraph 11. Homestead and
exemption laws continued. The
I laws now of force with respect
Mo homestead and exemptions
shall remain in full force until
changed bv law.
ARTICLE X.
Militia
Section I.
1 Paragraph I. Orqanizalion of
C 0 NSTITUT lON A L A MEND M ENTS
Militia. A well regulated mi
litia being essential to the peace |
and security of the State, the
General Assembly shall have
authority to provide by law
how the militia of this State
shall be organized, officered,
trained, armed and equipped:
and of whom it shall consist.
Paragraph II Volunteers
The General Assembly shn 1:
ihave the power to authorize the
formation of volunteer com
panies. and to provide for their
organization into battalions,
regiments, brigades, diyisions
and corps, with such restrictions
as may be prescribed by law.,
and shall have authority to arm
and equip the same.
Paragraph 111 Pay of militia
and volunteers. The officers and
men of the militia end volun
teer forces shall not be entitled
to receive any pay. rations, or,
emoluments, when not in active
service by authority c£ the
I State.
ARTICLE XI.
Counties and Municipal
Corporation*.
Section I.
Paragraph I. Counties a cor
porate body; boundaries. Each
county shall be a body corpo
rate with such powers and lim
itations as may be prescribed by
law. All suits by or against a
county shall be in the name
thereof: and the metes and
bounds of (he several counties
shall remain as now prescribed
by law, unless changed as here
inafter provided-
Paragraph 11. Number limit
ed. There shall not be more
than one hundred and fifty-nine;
counties in this State.
Paragraph 111. New counties
permitted when. No new coun-;
| ty shall be created except by I
the consolidation or merger of
'existing counties.
Paragraph IV, Consolidation
of counties; method. The Gen- .
i eral Assembly shall have the
power, Vith the concurrence of
two-thirds of the qualified vot
ers of each of the counties to be
affected who participate in elec
tions held for that purpose, to.
J provide for the consolidation of 1
| two or more counties into one,
! or the merger of one or more
j counties into another, or the j
division of a county, and the|
merger of portions thereof in-
I to other counties.
Paragraph V. Dissolution of
counties; method. Any county
j may be dissolved and merged
j with a contiguous county or
j counties by two-thirds of the
■ qualified voters of each of the
| counties affected who partici
! pate in elections held for that
! purpose.
Paragraph VI. County gov
ernments uniform: exceptions.
Whatever tribunal, or officers,
may be created by the General
Assembly for the transaction of
county matters, shall be, uni
j form throughout the State, and ;
; of the same name, jurisdiction,
and remedies, except that the
General Assembly mav provide
for Commissioners of Roads and
Revenues in any county, may
abolish the office of County
Treasurer in any county, may
fix the compensation of County
Treasurers, and mav consolidate
the offices of Tax Receiver and
i Tax Collector in the office of i
j Tax Commissioner, and may fix i
his compensation, without re
spect to uniformity.
Paragraph VII. Consolidation
of governments; submission lo
voters. The General Assembly
may provide by general law op
i tional systems of consolidated
county and municipal govern
ment, providing for the organi
zation and the powers and du
' ties of its officers. Such op
tional systems shall become ef
fective when submitted to the
qualified voters of such county
j and approved by a majority of
those voting.
Paragraph VIII County lines.
County lines shall not be chang
ed, unless under the operation
| of a general law for that pur
j pose.
Paragi aph IX. Counly siles
i changed; method. No county
! site shall be changed or remov
ed. except by a two-thirds vote
of the cmaliifed voters of the
county, voting at an election
held for that purpose and by
a majority vote of the General
Assembly.
Section 11.
Paragraph I. County officers;
election; lerm; removal; eligi
bility. The county officers shall
| be elected by the qualified vot
| ers of their respective counties
; or districts, and shall hold their
'office for four years. They shall
j be removed upon conviction for
, malpractice in office: and no
person shall be eligible for anv
l of the offices referred In.in this
paragraph unless ho shall have
been a resident of the county
1 for two years and is a qualified
voter.
Paragraph 11. Compensation
of county officers. County of
ficers mav be on a fee basis.
: salary basis, or fee basis supple
mented by salary, in such man
ner as mav be directed by law.
ARTICLE XII.
The Laws of General Operation
in Force in This State.
Section I.
Paragraph I. Sunreme law
The laws of general operation,
in this State are, first: As the
Supreme law; The Constitution
i of the United States, the laws of
the United States in pursuance
(horof and all treaties made un
der authority of the United
States,
Paragraph 11. Second in au
thority. Second. As next in
authority thereto: This Consti
, tution.
Paragraph 111. Third in au
thority. Third. In subordina
tion to the foregoing: All laws
now of force in this State, not
I inconsistent with this Consti
tution shall remain in force j
until the same are modified or
repealed by the General As
: sembly.
Paragraph IV. Local and pri
vate acts. Local and private'
acts passed for the benefit of
■counties, cities, towns, corpora-j
lions and private persons, not
inconsistent with the Supreme
law. nor with this Constitution
and which have not expired nor
been repealed, shall have the
force of Statute law, subject to
judicial decision as to their
validitv when passed, and to
any limitations imposed by!
their own terms.
Paragraph V. Proceedings of
courts confirmed. All judg-|
j ments. decrees, orders, and |
other proceedings, of the several,
courts of this Slate, heretofore
| made within the limits of their
I several jurisdictions, are here
by ratified and affirmed, subject
only to reversal bv motion for
a new trial, appeal, bill of re
; view or other proceedings, in
' conformity with the law of force
when they were made.
Paragraph VI. Existing offi
cers. The officers of the Gov
ernrnet now existing shall con-
I linue in the exercise of their
i several functions until their
successors are duly elected or
appointed and qualified. But
j nothing heroin is to apply to
j anv officer, whose office may
! be abolished hv this Constitu
i tion.
ARTICLE XIII.
Amendments lo the Constilutic .
Section I.
Paragraph I. Proposed by
General Assembly; submission
to people. Any amendment or
amendments to this Constitu
tion may be proposed in the
Senate or House of Represen
j tatives and if the same shall be j
agreed to by two-thirds of the
members elected to each of the j
two houses, such proposed
amendment or amendments
shall be entered on their
1 journals, with the veas and nays
taken thereon. The General
Assembly shall cause such
amendment or amendments to j
be published in one or more I
newspapers in each Congres- j
sional District, for , two months
previous to the time of holding
the next general election at i
which election members of the
General Assembly are chosen:
1 and if such proposed arnend
j ment directly affects only one
1 or more political subdivisions of'
| the State, then it shall also be
advertised in the area to be
directly affected thereby: and
shall also provide for a submis
sion of such proposed amend
ment or amendments to the
people at said next general
election, and if the people shall
ratify such amendment. or
amendments, by a majority of
the electors qualified to vote
for members of the General
Assembly voting thereon, such
[ amendment or amendments
shall become a part of this
Conslitution: provided that if
! the proposed amendment is not
one that direcllv affects the
whole State, but only one or
more subdivisions thereof, said
amendment shall not become a
; part of this Constitution unless
: it receive both a majority of the
: electors qualified to vote voting
thereon in the State as a whole,
and also a majority of the elec
| tors qualified to vote voting
j (hereon in the particular sub
-1 division or subdivisions affect
ed. When more than one
amendment is submitted at the
sanie lime they shall be so sub-■
mitted as to enable the electors
to vote on each amendment
separately.
Paragraph 11. Convention, how
called. No convention of the j
i < >ple shall be called bv the |
j General Assembly to revise,
. amend nr change this Constitu
:on, unless bv the concurrence'
rf iv.i-'hirds of all members of
ticb house of the General As
sembly. The representation in
said convention shall be based
i on population as near as prac-j
■ ticable. This constitution shall!
Thursday, -Time 14, 1945
not be revised, amended, or
‘changed bv the Convention un
til the proposed revision,
amendment, or change has been
submitted and ratified by the
: people in the manner provided
for submission and ratification
of amendments proposed bv the
1 General Assembly.
Paragraph 111. Veto not per
mitted. The Governor shall not
have the right to veto any pro
i posal bv the General Assembly
! to amend the Constitution.
ARTICLE XIV.
Merit System.
Section I.
Paragraoh I State Personnel
Board. A non-salaricd State
Personnel Board comprised of
three citizens of this state, of
! known interest in the improve
-1 ment of public administration,
shall administer a Slate Merit
| System under which state per
sonnel shall be selected on a
basis of merit, fitness, and effi
ciency according to law. The
members of the Stale Personnel
Board shall be appointed by the
Governor with the advice of the
Senate. The first members
shn.ll be appointed for terms of
' three, five and seven years, re
spectively. the terms to be de
i signaled by the Governor. AIL
subsequent appointments shall
be for a period of seven years,
except unexoired terms. No
State official or employee shall
be a member of the State Per
sonnel Board.
Paragraph 11. Retirement
System. Appropriation. The
; General Assembly is authoiized
to establish an aetuarially sound
j retirement system for em
ployees under a merit system.
Adequate appropriations shall
j be provided for the operation of
| a merit system and Ihe Stata
Personnel Board-
ARTICLE XV.
Home Rule.
Section I.
Paragraph I. Uniform systems
of county and municioal gov
ernment. The General Assem
bly shall provide for uniform
systems of county and munici
pal government, and brovide for
optional plans of both, and shall
provide for systems of initia
tive, referendum and recall in
some of the plans for both coun-
Itv and municipal governments.
■The General Assembly shall pro
vide a method bv which a coun
|ty or municipality may select
one of the optional uniform sys
tems or plans or reject any or
all proposed systems or plans.
SECTION TWO.
Method of Submission.
That* when this amendment
shall have been agreed to by
two-thirds of the members
elected to each of the two
Houses of the General Assem
bly. the same shall be entered
on their iournals with the
“ayes” and “nays” taken there
on and shall be published and
submitted lo the people for rat-'
[ ificalion or rejection as one
single amendment to the Con
stitution at the next General
Election in August, 1945. as pro
vided by law. Those voting in
[favor of the ratification of the
j amendment herein proposed
[shall have written or printed on
their ballots the words “for the
I amendment revising the Consti
\ tution.” _ Those voting against
j the ratification of the amend
ment herein proposed shall have
written or printed on their bal
[ lots the words “against
i the amendment revising the
: Constitution.” If a majority of
i those voting vote for the
amendment revising the Con
stitution when the results are
; certified lo the Governor, he
[shall proclaim the amendment
revising 1 lie Constitution of 1877
as the revised Constitution of
! Georgia.
: ROY V, HARRIS.
| Speaker of the House
i of Representatives.
P. T. McCUTCHEN. JR..
Clerk of the House
of Representatives.
| FRANK C. GROSS.
President of the Senate.
'MRS, HENRY W. NEVIN.
Secretary of the Senate.
APPROVED: ELLIS ARNALL.
Governor.
| This 9th day of March, 1945.
NOW, THEREFORE, I. EL
i LIS ARNALL, Governor of
| Georgia, do issue this my pro
j clamation hereby declaring that
I the proposed foregoing amend
' ment revising the Constitution
of Georgia is submitted, for
ratification or rejection, to the
: voters of the State qualified to
: vote for members of the Gen
eral Assembly at the General
Election to be held on Tuesday,
August 7, 1945.
IN WITNESSS THEREOF. |
| have hereunto set my hand in
I the State Capitol, Atlanta*
Georgia, on this the Ist day of
I May, A. D., 1945. and caused ths
! Great Seal of the State to bi
hereto affixed.
ELLIS ARNALL.
Governor.
i Bv the Governor;
[JOHN B. WILSON.
' Secretary of State.
