On March 4, 2005, Arthur Ferdinand, the Fulton County Tax Commissioner, sent a memo to Fulton County’s Personnel Director indicating his intent to raise the salaries of his chief deputy, six subsidiary deputies, and two administrative assistants. The Director refused to implement the raises, citing Fulton County Personnel Regulations that restricted Ferdinand from adjusting the salaries of civil service employees. Ferdinand filed a declaratory action seeking a ruling that his employees are not Fulton County employees, and therefore, are not a part of the Fulton County civil service system. Both Fulton County and Ferdinand moved for summary judgment. The trial court granted Fulton County’s motion and denied Ferdinand’s.
1. The dispositive issue in this appeal is whether the employees of the Fulton County Tax Commissioner’s office are included in the Fulton County civil service system.
Pursuant to a 1939 amendment to the Georgia Constitution (“the 1939 Amendment”),
Without removing these aforementioned employees from the civil service system, the General Assembly consolidated the Fulton County offices of Tax Receiver and Tax Collector into the new office of Fulton County Tax Commissioner in 1951.1951 Ga. L., p. 3006 (“the 1951 Act”); see also Ga. Const, of 1945, Art. IX, Sec. I, Par. VI (currently Ga. Const, of 1983, Art. IX, Sec. I, Par. Ill (c)). The Georgia Constitution was amended again in 1952 to allow the General Assembly to choose the method of selecting the Tax Commissioner, and to require the Tax Commissioner to appoint a chief deputy. 1952 Ga. L., p. 514 (“the 1952 Amendment”).
Pursuant to its authority under the 1939Amendment, which was continued in force and effect by Art. VII, Sec. X, Par. I of the Georgia Constitution of 1945 and by Art. XIII, Sec. I, Par. II of the Georgia Constitution of 1976, the General Assembly passed a 1982 law that revised the Fulton County civil service system. 1982 Ga. L., p. 4896 (“the 1982 Act”). This 1982 Act states that “[t]he ‘classified service’to which th[e] Act applies shall comprise all tenured classes and positions in the Fulton County Merit System now existing,” and that “ [a] 11 permanent employees in the classified service prior to the enactment of this Act shall retain their current status.” Id. atpp. 4902,4904, §§ 6 (a) and 7.
The aforementioned legislative Acts and constitutional amendments must be read in pari materia. See Swims v. Fulton County,
Because the Fulton County employees and deputies of the Tax Commissioner’s
2. In light of our disposition in Division 1, we need not address Ferdinand’s remaining contentions.
Judgment affirmed.
Notes
To determine this issue, the legislative and constitutional provisions that created the Fulton County civil service system must be analyzed.
1939 Ga. L., p. 36 (“The General Assembly shall have the authority ... to enact laws creating a Civil Service Commission and establishing a Civil Service System and/or Merit System for county employees and employees and deputies of county officers of Fulton County, including deputies and employees of the . . . Tax Collector [and] Tax Receiver.”).
Ferdinand contends that the 1982 Act eliminates his deputies from the civil service system hy allowing them to become “unclassified service” employees. See 1982 Ga. L. at 4903, §§ 6 (b) (4), (c). However, such an interpretation directly contradicts the clear legislative intent to maintain “employees and deputies” of the Fulton County Tax Commissioner’s office in the civil service system. See 1982 Ga. L. at 4902, 4904, §§ 6 (a) and 7. We reject the notion that the General Assembly intended to reach the contradictory result of maintaining the Fulton County Tax Commissioner’s deputies within the civil service system in the same statute that would simultaneously remove them from the system. See Haugen v. Henry County,
Ferdinand’s reliance on OCGA § 36-1-21 does not change the result, as that statute expressly applies only to civil service systems created by “county governing authorities].” Id. at (b). The civil service system here was created by the General Assembly, not Fulton County. See Hill v. Watkins,
