David Ashe, plaintiff, sued Clayton County Community Service Board for breach of his one-year written employment contract as executive director when his employment was terminated after only seven months. The Community Service Board answered and filed its motion for summary judgment on the grounds that Ashe was an official and not an employee so that the contract was void as a matter of public policy. The trial court found as a matter of law that the executive director of a community service board was an officer rather than an employee so that the employment contract was void as against public policy for a contract with an official. Finding that the executive director of a community service board is an employee rather than an officer under OCGA § 45-20-2 2 and 7, we reverse. On November 16, 1983, the State of Georgia hired Ashe to serve as director of the state operated Clayton Community Service Center. The Clayton Community Service Center provid mental health, mental retardation, and substance abuse services in Clayton County. In 1994, the General Assembly created as state agencies the statewide system of regional and local service boards to oversee the operation of community service centers.
The Clayton County Community Service Board, which was created as part of the statewide system, had six volunteer members appointed by the Clayton County Board of Commissioners and one ex-officio voting member from the Commission. The Board made policy and oversaw the operations of the Center; the Center was operated by the staff of mental health professionals under the direct supervision of Ashe as executive director. OCGA § 37-2-6.1. From 1995 until 2000, the Board had a one-year employment contract with Ashe to work as the Center Director. From 1995 through 2000, Ashe’s employment contract was annually reviewed and renewed by the Board. The contract provided for notice and a twenty-day period to cure any default under the contract. The Board admitted that Ashe was covered by the provisions of the State of Georgia Merit Protection System. OCGA § 37-2-6.1 b 7.1
