O.C.G.A. § 35-8-3 (2019)
Establishment of Georgia Peace Officer Standards and
Training Council; membership; organization; administrative assignment to Department of Public Safety.
(a) The Georgia Peace Officer Standards and Training Council is established. The council shall consist of 22 voting members and five advisory members.
(b) The voting members shall consist of:
(1) An appointee of the Governor who is not the Attorney General, the commissioner of public safety or his or her designee, the director of investigation of the Georgia Bureau of Investigation or his or her designee, the president of the Georgia Association of Chiefs of Police or his or her designee, the president of the Georgia Sheriffs Association or his or her designee, the president of the Georgia Municipal Association or his or her designee, the president of the Association County Commissioners of Georgia or his or her designee, the president of the Peace Officers’ Association of Georgia or his or her designee, the commissioner of corrections or his or her designee, the commissioner of community supervision or his or her designee, the chairperson of the State Board of Pardons and Paroles or his or her designee, the president of the Georgia Prison Wardens Association or his or her designee, the commissioner of juvenile justice or his or her designee, and the commissioner of natural resources or his or her designee, who shall be ex officio members of the council;
(2) Six members who shall be appointed by the Governor for terms of four years, their initial appointments, however, being two for four-year terms, two for three-year terms, and two for two-year terms. Appointments shall be made so that there are always on the council the following persons who are appointed by the Governor: one chief of police; two municipal police officers other than a chief of police; one county sheriff; one city manager or mayor; and one county commissioner. No person shall serve beyond the time he or she holds the office or employment by reason of which he or she was initially eligible for appointment. Vacancies shall be filled in the same manner as the original appointment, and successors shall serve for the unexpired term. Any member may be appointed for additional terms; and
(3) Two members who are peace officers and who shall be appointed by the Governor for terms of four years. Neither person shall serve beyond the time he or she is actively employed or serves as a peace officer. Vacancies shall be filled in the same manner as the original appointment, and successors shall serve for the unexpired term.
(c) Five advisory members shall be appointed by the council to serve on the council in an advisory capacity only without voting privileges.
(d) Membership on the council does not constitute public office, and no member shall be disqualified from holding public office by reason of his or her membership.
(e) The council is assigned to the Department of Public Safety for administrative purposes only, as prescribed in Code Section 50-4-3.
History
Ga. L. 1970, p. 208, § 3; Ga. L. 1972, p. 866, § 1; Ga. L. 1972, p. 1015, § 1606; Ga. L. 1975, p. 1165, § 1; Ga. L. 1976, p. 395, § 6; Ga. L. 1976, p. 1684, §§ 1, 2; Ga. L. 1977, p. 717, §§ 2-4; Ga. L. 1982, p. 3, § 35; Ga. L. 1982, p. 2478, §§ 3, 7, 8; Ga. L. 1983, p. 3, § 26; Ga. L. 1985, p. 283, § 1; Ga. L. 1988, p. 426, § 1; Ga. L. 1997, p. 1488, § 3; Ga. L. 2015, p. 422, § 5-57/HB 310; Ga. L. 2016, p. 247, § 1/SB 279.
Annotations
Code Commission notes. - Pursuant
to Code Section 28-9-5, in 1988, a second ‘‘the’’ preceding ‘‘time he’’ was deleted in the second sentence of paragraph (b)(3). Editor’s notes. - Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that this Act shall apply to sentences entered on or after July 1, 2015.
Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015).
JUDICIAL DECISIONS Judicial immunity. - Based on the statutory scheme as to Georgia Peace Officer Standards and Training Council’s power to certify or discipline a police chief and its investigative powers under O.C.G.A. §§ 35-8-7.1 and 35-8-7.2, and the chief ’s remedies under Georgia’s Administrative Procedure Act, O.C.G.A.
§ 50-13-1 et seq., the Council’s members and investigators had absolute immunity via quasi-judicial immunity, and thus, the chief ’s civil rights action against the Council members and investigators, alleging through 42 U.S.C. §§ 1983 and 1985(3), violations of the chief ’s First and Fourteenth Amendment substantive due
process rights, was dismissed. Evans v. Ga. Peace Officer Stds. & Training Coun-
cil, No. 1:05-CV-2579-RLV, 2006 U.S. Dist. LEXIS 19415 (N.D. Ga. Mar. 29, 2006).
RESEARCH REFERENCES C.J.S. - 73 C.J.S., Public Administrative Law and Procedure, § 83.