Department of Corrections v. Hemphill, 50006

• Decision Date: 20 February 1975
• Docket Number: No. 1,No. 50006,50006,1
• Citation: 134 Ga.App. 65,213 S.E.2d 169
• Parties: DEPARTMENT OF CORRECTIONS v. Elton F. HEMPHILL
• Court: Georgia Court of Appeals

Page 169

213 S.E.2d 169

134 Ga.App. 65

DEPARTMENT OF CORRECTIONS v. Elton F. HEMPHILL.

No. 50006.

Court of Appeals of Georgia, Division No. 1.

Feb. 20, 1975.

Arthur K. Bolton, Atty. Gen., Robert S. Stubbs, II, Executive Asst. Atty. Gen., Richard L. Chambers, G. Thomas Davis, G. Stephen Parker, Asst. Attys. Gen., Atlanta, for appellant.

Falligant, Doremus, Karsman, Kent & Toporek, Ogden Doremus, Michael C. Towers, Savannah, for appellee.

Syllabus Opinion by the Court

MARSHALL, Judge.

Hemphill was terminated from his employment as a correctional officer at the Georgia State Prison, Reidsville, Georgia. The reason specified by the Commissioner of the State Board of Corrections was: 'Misconduct, unfitness to perform assigned duties, and conduct reflecting discredit on the department in that on or about December 6, 1973, you did without necessity or justification strike an inmate with a nightstick, thereby violating Rule 125-2-5-.03, sections (a), (b), and (c) of the Rules of the State Board of Corrections.'

A hearing was held before an officer of the State Personnel Board and the following decision by the personnel board was rendered: 'After considerable discussion of the evidence submitted in the transcript of the hearing which was held in Reidsville on March 1, 1974, it was the board's decision to uphold your appeal.'

The Department of Corrections petitioned the Superior Court of Fulton County for a writ of certiorari, the denial of which the department appeals.

The Department contends that the superior court erred in denying its petition because the personnel board made no findings of fact nor conclusions of law. Held:

In Hood v. Rice, 120 Ga.App. 691, 172 S.E.2d 170, an Atlanta school teacher was discharged and neither the Atlanta nor the State Board of Education included findings of fact nor conclusions of law in their decision to uphold the dismissal. On appeal, this court held that the Administrative Procedure Act (Ga.L.1964, pp. 338, 340; 1965, pp. 283, 284-286; Code Ann. § 3A-102) did not apply to either board and added: 'Although special or detailed findings of fact and conclusions of law may be desirable in a case of this nature, their absence will not affect the validity of the determination of a quasi-judicial tribunal when not required by statute. (cits.)' Hood v. Rice, 120 Ga.App. 691, 694, 172 S.E.2d 170, 173, supra. Likewise, we note that the Administrative Procedure Act does not apply to the State Personnel Board. Code Ann. § 3A-102(a). And we are aware of no other statute, rule or regulation that requires the personnel board to make specific findings and conclusions.

The department contends that even if findings are not...