§ 2-42. Appointment, removal and fixing of compensation of officers and employees—Generally.

(a)

The county manager shall have authority to appoint and fix the compensation of the appointive officers and employees of Cobb County subject to the following limitations and requirements:

(1)

The person appointed as an officer or employee shall have the qualifications that the office or position calls for when so specified in this article.

(2)

The compensation fixed by the county manager shall be within budgetary provisions subject to approval or rejection by a majority of the board of commissioners in each and every case.

(3)

All appointments shall be in accordance with the civil service merit system laws of Cobb County which may now be in force or which may hereafter be adopted, when such laws are applicable to such appointments.

(4)

The county attorney and county physician shall be appointed by the board of commissioners, and their compensation shall be fixed by the board of commissioners.

(b)

The commission, by majority vote, which majority may be the chairman and any two members or may be any three members of the commission, may remove from office or employment any department head of Cobb County, provided the removal of such department head is not otherwise provided for by the civil service merit system laws of Cobb County which may now be in force or which may be adopted. At any time, the county manager may discharge any employee or department head; any department head so discharged may appeal for just cause to the board of commissioners. The board of commissioners may, by majority vote, which majority may be the chairman and any two members of the commission or may be any three members of the commission, grant or reject any appeal for just cause. Failure to grant an appeal shall constitute discharge of the department head.

(c)

The provisions of subsections (a) and (b) of this section shall not be construed to apply to members of boards and commissions, and positions of employment in connection therewith, when such boards and commissions were created by law, nor to the elective county officers of Cobb County and employees under their supervision and control.

(d)

It is specifically provided that the elective county officers of Cobb County shall have the sole authority to appoint the personnel employed within their respective offices, subject to the civil service and merit system laws of Cobb County which may now be in force or which may be adopted, when applicable to such personnel; but the commission, by majority vote, which may be the chairman and any two members, or any three members of the commission, shall have the authority to approve or reject the salary recommended for each such employee.

(1964 Ga. Laws (Ex. Sess.) (Act No. 22), page 2075, § 13; 1968 Ga. Laws (Act No. 1190), page 3581, § 2; 1983 Ga. Laws (Act No. 383), page 4283, § 5)