Title 35, Chapter 3, Section 9
( 35-3-9)
(a) The director is authorized to retain on a contractual basis such
persons as he shall deem necessary to detect and apprehend violators
of the criminal statutes of this state pertaining to the possession,
sale, or use of narcotics or other dangerous drugs. (b) Those persons contracting with the director pursuant to
subsection (a) of this Code section shall be known as narcotics
agents. (c) The investigative services provided for in this Code section
shall be designed to support local law enforcement efforts. The
director shall, with the advice and consent of the board, appoint a
three-member priority committee comprised of a representative from
the Georgia Sheriffs Association, the Georgia Association of Chiefs
of Police, and the District Attorneys Association. The committee
shall establish priorities for use of investigative resources and
determine the bona fide nature of requests for assistance. The
recommendations of the committee shall be followed by the director
except where otherwise expressly authorized by the board. (d) Narcotics agents shall have all powers necessary and incidental
to the fulfillment of their contractual obligations, including the
power of arrest when authorized by the director. (e) No person shall be a narcotics agent unless he is at least 18
years of age. (f) The director shall conduct a background investigation of all
potential narcotics agents. If the background investigation
discloses a criminal record, the applicant shall not be retained
without the express approval of the board. (g) Any matters pertaining to narcotics agents shall be exempt from
Chapter 14 of Title 50, relating to meetings open to the public. (h) Persons retained as narcotics agents shall be considered persons
in the service of the bureau under a contract of hire with that
agency whose employment of those persons as narcotics agents shall
be considered an employment in the usual course of the business of
that agency. Persons retained by the bureau as narcotics agents
shall have all the rights and privileges of other employees of the
bureau; provided, however, that such persons shall be in the
unclassified service of the State Merit System of Personnel
Administration and therefore shall not be governed by any rules of
position, classification, appointment, promotion, demotion,
transfer, dismissal, qualification, compensation, seniority
privileges, tenure, or other such matters concerning their
employment established by the State Personnel Board, the State Merit
System of Personnel Administration, or any successor boards or
agencies. (i) The director shall have all powers necessary and incidental to
the effective operation of this Code section. |