§ 34-71. Classified and unclassified services.

(a)

As used in this Act, the term:

(1)

"Emergency medical professional" means any person employed by Fulton County to perform emergency medical services who is licensed or certified to provide health care in accordance with the provisions of Chapter 11, Chapter 26, or Chapter 34 of Title 43 of the O.C.G.A.

(2)

"Firefighter" means any person who is employed by Fulton County as a professional firefighter on a full-time basis for at least 40 hours per week by the county when such person has responsibility for preventing and suppressing fires, and protecting life and property.

(3)

"Peace officer" means any peace officer who is employed by the county who is required by the terms of such peace officer's employment to give such peace officer's full time to the perseveration of public order, the protection of life and property, or the detection of crime and who is required by the terms of such peace officer's employment to comply with the requirements of the "Georgia Peace Officer Standards and Training Act" contained in Chapter 8 of Title 35 of the O.C.G.A. Such term shall include any deputy sheriff employed as such by the sheriff of Fulton County.

(4)

"Public safety employee" means a peace officer, a firefighter, or an emergency medical professional.

(b)

The "classified service" to which this Act applies shall comprise classified employees who have successfully completed their probationary period on the effective date of this Act. Such employees shall remain in the classified service only so long as they remain employed in a position which was a classified position on such date without a break in service. The classified service shall also include all active public safety employees.

(c)

The "unclassified service" shall comprise all unclassified positions on the effective date of this Act and all positions filled on or after such date. Without limiting such provisions, the unclassified service shall include the following categories, classes, and positions:

(1)

The Fulton County Board of Commissioners and all other officers who are elected by popular vote and persons appointed to fill vacancies in elective offices;

(2)

All judges, members of boards, commissions, regulatory agencies and other elected or appointed heads of departments, provided that the term "head of department" as used in this section shall mean the executive head of a department who is directly responsible for formulating and executing policies and who is vested with discretion as to acts, being solely responsible for the administration of the department concerned. An employee performing purely functional or administrative duties shall not be classified as the head of a department;

(3)

Official court reporters in any Fulton County court of record;

(4)

All classes and positions now existing or that may hereafter be created and established as "unclassified on range" in pay schedules and compensation plans;

(5)

All classes and positions now existing or that may hereafter be created and established as "unclassified set rate" positions by the county manager or county commissioners;

(6)

All classes and positions now existing or that may hereafter be created and established as unclassified under any federal or state-funded program;

(7)

Persons temporarily appointed or designated to make or conduct a special inquiry, investigation, examination, or special duties where such appointment or designation is approved by the county manager or board of commissioners;

(8)

Members of the legal department of Fulton County and secretaries assigned to such department but not to include any secretary presently serving in such department in the classified service; and

(9)

Individuals who perform services on a contract or fee basis.

Public safety employees shall not be individuals in the unclassified service.

(1982 Ga. Laws (Act No. 1501), page 4896, § 6; 1995 Ga. Laws (Act No. 116), page 3889, §§ 3, 4; 2013 Ga. Laws (Act No. 594), page 4422, § 6)