Clark v. State Personnel Board

Clarke, Justice.

The primary issues in this appeal are whether a legislative act removing a position from merit system classification is constitutional and whether under the act the state is authorized to move an employee holding the previously classified position to a lower position. Additionally, we face questions regarding the procedures for demoting state employees under the merit system.

Before 1982 the highest merit system position in the Department of Public Safety was that of major. In 1982 OCGA § 45-20-2 (Code Ann. § 40-2202) was amended so as to remove the rank of major in the…