Youngblood v. Gwinnett Rockdale Newton Community Service Board , 273 Ga. 715 ( 2001 )

Carley, Justice,

concurring specially.

I concur in Divisions 1, 3, 4, and in the judgment. However, I cannot join the holding of Division 2 that OCGA § 37-2-11.1 (c) (1) is unconstitutional. The majority apparently concludes that the waiver of immunity in that statute is not sufficiently specific. To the contrary, the statute specifically provides that community service boards “shall have the same immunity as provided for counties.” OCGA § 37-2-11.1 (c) (1). The immunity of counties and the extent of waiver thereof are specifically set forth by statute, as mandated by the 1991 amendment to the Georgia Constitution of 1983, Art. I, Sec. II, Par. IX. OCGA § 36-1-4; Woodard v. Laurens County, 265 Ga. 404, 405 (1) (456 SE2d 581) (1995); Gilbert v. Richardson, 264 Ga. 744 (452 SE2d 476) (1994). Less than two years ago, this Court upheld the legislature’s authority to extend to a political subdivision of this state “the same immunity” as a particular county. Henderman v. Walton County Water & Sewerage Authority, 271 Ga. 192, 193 (1) (515 SE2d 617) (1999). See also Athens-Clarke County v. Torres, 246 Ga. App. 215, 217 (2) (540 SE2d 225) (2000). Henderman clearly controls this case and, in my opinion, requires the conclusion that OCGA § 37-2-11.1 (c) (1) is constitutional.

Decided April 12, 2001 Reconsideration denied June 1, 2001. Gambrell & Stolz, Irwin Ik Stolz, Jr., Linda A. Klein, Steven Hall, for appellant. Freeman, Mathis & Gary, Matthew R Stone, Robert W. Stanley, Andrea S. Hirsch, for appellee. Thurbert E. Baker, Attorney General, William C. Joy, Senior Assistant Attorney General, Charles E. Hoffecker, Assistant Attorney General, Owen, Gleaton, Egan, Jones & Sweeney, Timothy J. Sweeney, David C. Will, Gray, Hedrick & Edenfield, Bruce M. Edenfield, amici curiae.