Rule 125-2-1-.12 - Administrative and Employee HousingIn recognition of the security, emergency, and continuous operational needs of the Department, and with particular recognition of the need for a capability of immediate reaction to emergency situations, the Georgia Board of Corrections makes available housing on the premises of various institutions and prisons for certain employees of the Department who are considered essential to the operation of the Department.
(a) Each warden/superintendent shall be required, as a condition of employment, to reside in housing on the prison grounds where such housing is available unless granted an exemption by the Commissioner.1. In the event such housing is not be available, the Department shall lease adequate housing as close to the Warden's assigned prison as possible.2. A warden may request an exemption from the condition of employment of having to reside in housing on the prison grounds. Such requests shall be in writing, shall state the reasons why the warden is seeking the exemption, and shall be forwarded to the Commissioner for review and possible approval. If the Commissioner concludes that there is adequate justification for the warden to reside elsewhere the Commissioner may grant the request. If the Commissioner grants a warden an exemption from the condition of employment of having to reside in housing on the prison grounds then the Commissioner shall require the deputy warden for security or the chief of security to reside in the housing on the prison grounds as a condition of employment for the deputy warden for security or the chief of security. Wardens who receive such an exemption shall be responsible for their own living expenses and shall not receive any financial assistance from the Department for their living arrangements.3. The occupation of such housing by the warden, deputy warden for security, or the chief of security, shall be pursuant to rental agreements whereby it will be acknowledged by the warden, deputy warden for security, or the chief of security, that: the occupancy of administrative housing is a condition of employment and is not provided as an additional benefit for the performance of his job; the occupancy of the housing does not create an entitlement arising out of the employee's job; each employee shall agree to abide by the terms, conditions and provisions of the agreement as a condition of his employment; and will acknowledge that the agreement creates no estate or other interest in the real property occupied.4. The Commissioner of the Department of Corrections or the Commissioner's designee shall be authorized to enter into and execute such agreements on behalf of the Department.(b) The assignment of other employees to housing on the premises of various institutions and prisons shall be made by the warden/superintendent, with the approval of the Commissioner or the Commissioner's designee, on the basis of criteria approved by the Commissioner. Such criteria shall give priority to those employees designated by the warden/superintendent as first necessary, or desirable occupants capable of responding to emergency situations and then in accordance with other necessary operational needs of the prison. 1. The occupation of such housing shall be pursuant to rental agreements whereby it will be acknowledged by the employee that: the occupancy of the housing does not create an entitlement arising out of the employee's job; each employee shall agree to abide by the terms, conditions and provisions of the agreement including the timely payment of any monies due; and will acknowledge that the agreement creates no estate or other interest in the real property occupied.2. The Commissioner of the Department of Corrections or the Commissioner's designee shall be authorized to enter into or execute such agreements on behalf of the Department.(c) The Commissioner of the Department of Corrections shall establish rental and utility fees to be charged for employee housing. If the rental and utility fees to be charged for employee housing are set at less than fair market value the Department of Corrections shall make appropriate income tax payroll deductions for employees who reside in such housing.Ga. Comp. R. & Regs. R. 125-2-1-.12
Ga. Constitution 1983, Art. XI, Sec. I, O.C.G.A. Secs. 42-2-11, 42-5-1, 42-5-53, 42-5-55, 42-10-2, 42-10-23.
. Original Rule entitled "Administrative and Employee Housing" adopted. F. Feb. 17, 1986; eff. Mar. 9, 1986.Amended: F. May 21, 1992; eff. June 10, 1992.Amended: F. Nov. 6, 1998; eff. Nov. 26, 1998.Amended: F. June 10, 2002; eff. June 30, 2002.Amended: F. July 6, 2006; eff. July 26, 2006.