O.C.G.A. § 36-8-2 (2019)

Statute text

The terms for which county police shall be elected or appointed shall be left to the discretion of the county governing authority. Such county police or any member thereof may be removed from office at any time, at the will of the county governing authority, with or without cause. A resolution or ordinance authorizing the creation of a county police force adopted by a county governing authority and approved by the qualified electors of the county in a special election as provided in subsection (b) of Code Section 36-8-1 shall not affect the power of the county governing authority to abolish a county police force at any time.

History

(Ga. L. 1909, p. 156, § 7; Civil Code 1910, § 855; Ga. L. 1914, p. 142, § 7; Code 1933, § 23-1407; Ga. L. 1992, p. 324, § 2.)

Annotations

JUDICIAL DECISIONS

Validity of special law. - Even though a general law provides the manner for discharging county police by the county commissioners, a special law relating to this subject in a county is valid. Deason v. DeKalb County, 222 Ga. 63, 148 S.E.2d 414 (1966).

Cited in Levine v. Perry, 204 Ga. 323, 49 S.E.2d 820 (1948); Wolfe v. Huff, 232 Ga. 44, 205 S.E.2d 254 (1974).

OPINIONS OF THE ATTORNEY GENERAL

Qualifications of sheriff as police officer. - When a county police department is established and the law enforcement functions of the sheriff are transferred to such department, the sheriff or the sheriff's deputies may not become members of the police department so as to exercise the police power. 1970 Op. Att'y Gen. No. U70-28.

RESEARCH REFERENCES

Am. Jur. 2d. - 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 17 et seq.

C.J.S. - 20 C.J.S., Counties, § 161 et seq.

ALR. - Sexual misconduct or irregularity as amounting to "conduct unbecoming an officer," justifying officer's demotion, removal or suspension from duty, 9 A.L.R.4th 614.