O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
(a) Whenever the Governor determines that an investigation of a sheriff of this state should be made as a result of criminal charges, alleged misconduct in office, or alleged incapacity of the sheriff to perform the functions of his office, he shall appoint two sheriffs who are members of the Georgia Sheriffs’ Association who, along with the Attorney General, shall constitute a committee to conduct an investigation. Such sheriffs may be from any two counties in the state other than the county of the sheriff under investigation. The members of any such committee shall receive no compensation for their services but shall be reimbursed for any expenses incurred in connection with an investigation. The funds necessary to conduct an investigation shall come from the funds appropriated to the executive branch of state government. (b) Any member of the committee shall be authorized to administer oaths to any witness before the committee. The committee shall make a report of its investigation to the Governor within 30 days from the date of the appointment of both sheriff members by the Governor. (c) If the committee recommends the suspension of the sheriff, the Governor shall be authorized to suspend the sheriff for a period of up to 60 days. In any case where a sheriff has been suspended for 60 days, the Governor may extend the period of suspension for an additional 30 days. Upon such recommendation, the Governor shall also be authorized to request the district attorney of the county of the sheriff’s residence to bring a removal petition against the sheriff pursuant to subsection (b) of Code Section 15-16-10 based upon the evidence reported by the committee. In the event that the Governor determines that further investigation should be made, he or she may then order additional investigation by the committee, by the Georgia Bureau of Investigation, by other law enforcement agencies of this state, or by any special committee appointed by the Governor for such purpose. (d) Except as provided in subsection (e) of this Code section, the chief judge of the superior court of the county of the sheriff’s residence shall
appoint a person who meets the qualifications for sheriffs pursuant to Code Section 15-16-1 to assume the duties and responsibilities of the office of sheriff during any period of suspension. (e) Upon indictment for a felony, the provisions of Code Section 45-5-6 shall apply. (f ) The remedy provided by this Code section is intended to be cumulative of other remedies available on the subject and is not intended to repeal such remedies.
History
(Ga. L. 1968, p. 1248, §§ 1-4; Ga. L. 1982, p. 425, § 1; Ga. L. 1984, p. 1279, § 2; Ga. L. 2012, p. 173, § 2-8/HB 665; Ga. L. 2013, p. 141, § 15/HB 79.)
Annotations
JUDICIAL DECISIONS Cited in Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003); DeKalb County Sch. Dist.
v. Ga. State Bd. of Educ., 294 Ga. 349, 751 S.E.2d 827 (2013).
OPINIONS OF THE ATTORNEY GENERAL Mayor and council without authority to investigate. - Mayor and council of the consolidated government of a city of this state do not have the authority to
investigate the office of sheriff of the consolidated government. 1975 Op. Att’y Gen. No. U75-36.
RESEARCH REFERENCES ALR. - Confidentiality of proceedings or reports of judicial inquiry board or commission, 5 ALR4th 730.
Notes of Decisions
Grech v. Clayton Cnty., GA, 335 F.3d 1326 (11th Cir. 2003).
· cites it 12× “O.C.G.A. § 15-16-26. Significantly, no county governing authority has such power.”
Dukes v. Georgia, 428 F. Supp. 2d 1298 (N.D. Ga. 2006).
· cites it 4× “at 1321 (citing O.C.G.A. § 15-16-26 (“the Governor has broad investigation and suspension powers regarding any misconduct by a sheriff in the performance of any of his duties”)).”
Felicia Pellitteri v. Sheriff Chris Prine, 776 F.3d 777 (11th Cir. 2015).
· cites it 2× “We also observed that the Governor has broad investigation and suspension powers regarding any misconduct by sheriffs in the performance of their duties.”
Manders v. Lee, 285 F.3d 983 (11th Cir. 2002).
· cites it 4× “O.C.G.A. § 15-16-26. Specifically, the Governor may determine that an investigation of a sheriff “should be made as a result of criminal charges, alleged misconduct in office, or alleged incapacity of the sheriff to perform the functions of his office.”
Brown v. Dorsey, 625 S.E.2d 16 (Ga. Ct. App. 2005).
· cites it 2× “30 OCGA§ 15-16-26 (c). 31 See generally Warren v.”
DeKalb Cnty. Sch. Dist. v. Georgia State Bd. of Educ., 751 S.E.2d 827 (Ga. 2013).
· cites it 2× “17 In 1982 — the year that the Constitution was put to the voters — the General Assembly enacted a new version of OCGA § 15-16-26, which then provided for the suspension of a sheriff by the Governor, upon the recommendation of a special committee (two sheriffs and the attorney…”
Michelle Keene v. Chris Pine, 477 F. App'x 575 (11th Cir. 2012).
“at 1321 (citing O.C.G.A. § 15-16-26), the state’s supervisory authority only allows it to enforce the outermost bounds of sheriffs’ conduct generally, and the state otherwise does not inject itself into sheriffs’ personnel decisionmaking.”
Fletcher v. Screven Cnty., Ga., 92 F. Supp. 2d 1377 (S.D. Ga. 2000).
· cites it 2× “O.C.G.A. § 15-16-26. Fourth, while a sheriff is paid from county funds, his minimum salary is set by *1380 the State.”
Langston Austin v. Glynn Cnty., Georgia, 80 F.4th 1342 (11th Cir. 2023).
“See Ga. Code § 15-16-26. Coun- ties, by contrast, “do[] not, and cannot, direct the [s]heriff” on “how to hire, train, supervise, or discipline his deputies, what policies to adopt, or how to operate his office.”
Willie Santonio Manders v. Thurman Lee, 338 F.3d 1304 (11th Cir. 2002).
· cites it 7× “O.C.G.A. § 15-16-26. 37 If a sheriffs policy permits excessive force in the county jail, plainly the Governor may discipline the sheriff.”
Langston Austin v. Glynn Cnty., Georgia (11th Cir. 2023).
“See Ga. Code § 15-16-26. Coun- ties, by contrast, “do[] not, and cannot, direct the [s]heriff” on “how to hire, train, supervise, or discipline his deputies, what policies to adopt, or how to operate his office.”
— 15-16-26(a) — 4 cases
Grech v. Clayton Cnty., GA, 335 F.3d 1326 (11th Cir. 2003).
“O.C.G.A. § 15-16-26. Significantly, no county governing authority has such power.”
Dukes v. Georgia, 428 F. Supp. 2d 1298 (N.D. Ga. 2006).
“at 1321 (citing O.C.G.A. § 15-16-26 (“the Governor has broad investigation and suspension powers regarding any misconduct by a sheriff in the performance of any of his duties”)).”
Manders v. Lee, 285 F.3d 983 (11th Cir. 2002).
“O.C.G.A. § 15-16-26. Specifically, the Governor may determine that an investigation of a sheriff “should be made as a result of criminal charges, alleged misconduct in office, or alleged incapacity of the sheriff to perform the functions of his office.”
Willie Santonio Manders v. Thurman Lee, 338 F.3d 1304 (11th Cir. 2002).
“O.C.G.A. § 15-16-26. 37 If a sheriffs policy permits excessive force in the county jail, plainly the Governor may discipline the sheriff.”
— 15-16-26(c) — 3 cases
Grech v. Clayton Cnty., GA, 335 F.3d 1326 (11th Cir. 2003).
“O.C.G.A. § 15-16-26. Significantly, no county governing authority has such power.”
Manders v. Lee, 285 F.3d 983 (11th Cir. 2002).
“O.C.G.A. § 15-16-26. Specifically, the Governor may determine that an investigation of a sheriff “should be made as a result of criminal charges, alleged misconduct in office, or alleged incapacity of the sheriff to perform the functions of his office.”
Willie Santonio Manders v. Thurman Lee, 338 F.3d 1304 (11th Cir. 2002).
“O.C.G.A. § 15-16-26. 37 If a sheriffs policy permits excessive force in the county jail, plainly the Governor may discipline the sheriff.”
— 15-16-26(e) — 1 case
Grech v. Clayton Cnty., GA, 335 F.3d 1326 (11th Cir. 2003).
“O.C.G.A. § 15-16-26. Significantly, no county governing authority has such power.”
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