BOYKIN et al. v. STRICKLAND et al., 245 Ga. 294, 264 S.E.2.d 225 (1980)

Supreme Court of Georgia, (January 11, 1980)

Docket number: 35811
SUBMITTED Permanent Link: http://vlex.com/vid/20403906
Id. vLex: VLEX-20403906

Click here to download this article in graphic format (Acrobat Reader)

Document language

Search in this document

Sponsored Ads:


Summary:

Judgment affirmed. All the Justices concur.

Text:

R. H. Reeves, III, for appellants.

This appeal was brought by agents of the Alcohol and Tobacco Tax Unit of the Georgia Department of Revenue against the State Merit System and State Personnel Board when their positions were terminated under the reduction in force plan. All parties agree that the only reason for the action taken against these agents was that they were not veterans, and thus given no preference under the reduction in force regulations of the State Personnel Board. The agents sought to enjoin implementation of the reduction in force plans on the basis that the regulations were unconstitutional, but the trial court denied relief. The agents appeal. We affirm.

1. Most of the agents' contentions regarding the authority of the State Personnel Board to promulgate a veteran's preference regulation have been decided adversely to them in Brown v. State Merit System of Personnel Administration of Georgia, 245 Ga. 289 (1980).

2. The agents raise the additional argument that the veteran's preference regulation constitutes a denial of equal protection. Although they admit that such preferences are not unconstitutional as to hiring, Personnel Administrator of Mass. v. Feeney, ---- U. S. ---- (99 SC ----, 60 LE2d 870) (1979), they argue that these preferences are unconstitutional as to lay-offs. We disagree.

As the United States Supreme Court stated in Feeney, supra, at p. 879: "The veterans' hiring preference in Massachusetts, as in other jurisdictions, has traditionally been justified as a measure designed to reward veterans for the sacrifice of military service, to ease the transition from military to civilian life, to encourage patriotic service, and to attract loyal and well-disciplined people to civil service occupations." It is clear that the public policy supporting the reasonableness of the class preference for veterans applies equally to hiring and lay-offs.

Yancey, Assistant Attorney General, for appellees.

1980

Other documents:
Farhad Katebi, Petitioner, v. John Ashcroft, Attorney General, Respondent., 396 F.3d 463 (1st Cir. 2005) | Limitation on levies | Export adminstration regulations Correction, | 10 CFR 32.103 - Schedule Dprototype tests for ice detection devices containing s... | EDICTO del Juzgado de Primera Instancia núm 26 de Barcelona sobre autos de juicio verbal exp 901/2002 . | edicto dimanante del procedimiento ordinario l2 730/05. | anuncio de bases. | DECRET 246/1988, d'11 de juliol, pel qual s'accepta la cessio de domini, feta p... | Estatutos de la Mancomunidad de Sierra La Hez | anna jennings administratrix of the estate of stewart earl jennings deceased to her own use and to the use of government employees insura... | anuncio de la diputacion de girona, sobre exposicion publica de unas bases. | EDICTO del Ayuntamiento de Balaguer sobre aprobacion de un proyecto urbanistico. | Unicaja nos dara nuestra medida es el peor rival Los anos me ensenaron a no cr...