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Powell v. Wheeler County Ga.

The plaintiff's 4-year written contract for services as a Wheeler county tax assessor was unenforceable, since the county commission did not approve it as O.C.G.A. § 48-5-298 a requires.

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Jerry Powell appeals from the trial court’s grant of summary judgment in favor of Wheeler County “county” and the Wheeler County Board of Tax Assessors “board of tax assessors”. Powell asserts that the trial court erred by concluding that he did not have a valid claim for breach of contract against the county and the board of tax assessors. For the reasons set forth below, we affirm. Summary judgment is proper when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. In this case, the facts are undisputed and the outcome turns on whether Powell’s contract with the board of tax assessors was approved by the Wheeler County Commission. OCGA § 48-5-298 a provides, in pertinent part: “Each county board of tax assessors, subject to the approval of the county governing authority, may enter into employment contracts with persons to . . . 1 Assist the board in the . . . appraising of taxable properties in the county.”

The record shows that, on June 18, 2002, a majority of the board of tax Assessors entered into an employment contract with Powell for his services as a tax appraiser.1 This contract provided for a four-year term of employment and obligated the county to pay Powell for all salary due under the contract if it terminated his employment on grounds other than gross incompetence or permanent physical or mental impairment. On the same day, the board of tax assessors forwarded the contract to the county commissioners.

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