GA Code § 35-8-8 (2021)
2021 Georgia Code|Title 35 - Law Enforcement Officers and Agencies|Chapter 8 - Employment and Training of Peace Officers|§ 35-8-8. Requirements for Appointment or Certification of Persons as Peace Officers and Preemployment Attendance at Basic Training Course; "Employment Related Information" Defined

  Any person employed or certified as a peace officer shall:   Be at least 18 years of age;   Be a citizen of the United States;   Have a high school diploma or its recognized equivalent;   Not have been convicted by any state or by the federal government of any crime the punishment for which could have been imprisonment in the federal or state prison or institution nor have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law, provided that, for the purposes of this paragraph, violations of traffic laws and other offenses involving the operation of motor vehicles when the applicant has received a pardon shall not be considered;   Be fingerprinted for the purpose of conducting a fingerprint based search at the Georgia Bureau of Investigation and the Federal Bureau of Investigation to determine the existence of any criminal record;   Possess good moral character as determined by investigation under procedure established by the council and fully cooperate during the course of such investigation;   Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions which might adversely affect his or her exercise of the powers or duties of a peace officer; and   Successfully complete a job related academy entrance examination provided for and administered by the council in conformity with state and federal law. Such examination shall be administered prior to entrance to the basic course provided for in Code Sections 35-8-9 and 35-8-11. The council may change or modify such examination and shall establish the criteria for determining satisfactory performance on such examination. The provisions of this paragraph establish only the minimum requirements of academy entrance examinations for peace officer candidates in this state; each law enforcement unit is encouraged to provide such additional requirements and any preemployment examination as it deems necessary and appropriate. Any person with a degree from a postsecondary institution accredited by a regional accrediting agency recognized by the United States Department of Education shall be deemed to have met the requirements of this paragraph.     Any person authorized to attend the basic training course prior to employment as a peace officer shall meet the requirements of subsection (a) of this Code section.     For purposes of this subsection, the term "employment related information" means written information contained in a prior employer's records or personnel files that relates to an applicant's, candidate's, or peace officer's performance or behavior while employed by such prior employer, including performance evaluations, records of disciplinary actions, and eligibility for rehire. Such term shall not include information prohibited from disclosure by federal law or any document not in the possession of the employer at the time a request for such information is received.   Where an investigation is conducted for the purpose of hiring, certifying, or continuing the certification of a peace officer, an employer shall disclose employment related information to the investigating law enforcement agency upon receiving a written request from such agency. Disclosure shall only be required under this subsection if the law enforcement agency's request is accompanied by a copy of a signed, notarized statement from the applicant, candidate, or peace officer releasing and holding harmless such employer from any and all liability for disclosing complete and accurate information to the law enforcement agency.   An employer may charge a reasonable fee to cover actual costs incurred in copying and furnishing documents to a requesting law enforcement agency, including retrieving and redacting costs, provided such amount shall not exceed $25.00 or 25› per page, whichever is greater. No employer shall be required to prepare or create any document not already in the employer's possession at the time a request for employment related information is received. Any employment related information provided pursuant to this subsection that is not subject to public disclosure while in the possession of a prior employer shall continue to be privileged and protected from public disclosure as a record of the requesting law enforcement agency.   No employer or law enforcement agency shall be subject to any civil liability for any cause of action by virtue of disclosing complete and accurate information to a law enforcement agency in good faith and without malice pursuant to this subsection. In any such cause of action, malice or bad faith shall only be demonstrated by clear and convincing evidence. Nothing contained in this subsection shall be construed so as to affect or limit rights or remedies provided by federal law.   Before taking final action on an application for employment based, in whole or in part, on any unfavorable employment related information received from a previous employer, a law enforcement agency shall inform the applicant, candidate, or peace officer that it has received such employment related information and that the applicant, candidate, or peace officer may inspect and respond in writing to such information. Upon the applicant's, candidate's, or peace officer's request, the law enforcement agency shall allow him or her to inspect the employment related information and to submit a written response to such information. The request for inspection shall be made within five business days from the date that the applicant, candidate, or peace officer is notified of the law enforcement agency's receipt of such employment related information. The inspection shall occur not later than ten business days after said notification. Any response to the employment related information shall be made by the applicant, candidate, or peace officer not later than three business days after his or her inspection.   Nothing contained in this Code section shall be construed so as to require any person to provide self-incriminating information or otherwise to compel any person to act in violation of his or her right guaranteed by the Fifth Amendment of the United States Constitution and Article I, Section I, Paragraph XVI of the Georgia Constitution. It shall not be a violation of this Code section for a person to fail to provide requested information based on a claim that such information is self-incriminating provided that notice of such claim is served in lieu of the requested information. An action against such person to require disclosure on the grounds that the claim of self-incrimination is not substantiated may be brought in the superior court of the county of such party's residence or where such information is located.      (Ga. L. 1970, p. 208, § 8; Ga. L. 1973, p. 539, § 1; Ga. L. 1976, p. 1563, § 1; Ga. L. 1976, p. 1684, §§ 3, 4; Ga. L. 1977, p. 712, § 1; Ga. L. 1977, p. 1180, §§ 1, 2; Ga. L. 1982, p. 3, § 35; Ga. L. 1987, p. 3, § 35; Ga. L. 2004, p. 986, § 2; Ga. L. 2008, p. 237, § 2/SB 373; Ga. L. 2011, p. 545, § 1/SB 95; Ga. L. 2013, p. 864, § 2/HB 366; Ga. L. 2017, p. 774, § 35/HB 323; Ga. L. 2018, p. 336, § 3/HB 867.)    The 2017 amendment,  effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, revised language in paragraph (c)(3).    The 2018 amendment,  effective July 1, 2018, in paragraph (a)(8), deleted the former fourth sentence, which read: "Peace officers who do not perform satisfactorily on the examination shall be ineligible to retake such examination for a period of 30 days after an unsuccessful attempt.", and added the last sentence.   Cross references.   - Qualifications of firefighters, § 25-4-8.   JUDICIAL DECISIONS   Prohibition against felons running for office of sheriff.    - Georgia Const. 1976, Art. IX, Sec. I, Para. IX (see now Ga. Const. 1983, Art. IX, Sec. I, Para. III) authorizes the General Assembly to prohibit a convicted felon from running for office of sheriff even if the felon obtains full pardon. Georgia Peace Officer Stds. & Training Council v. Mullis, 248 Ga. 67, 281 S.E.2d 569 (1981).    Constitutional prohibition against convicted felon's holding appointment of honor or trust, such as position of deputy sheriff, unless pardoned, in no way prevents General Assembly from imposing as a qualification for peace officer that the individual not have been convicted of a felony. Georgia Peace Officer Stds. & Training Council v. Mullis, 248 Ga. 67, 281 S.E.2d 569 (1981).    Cited in Campbell v. State, 136 Ga. App. 338, 221 S.E.2d 212 (1975); Davis v. State, 143 Ga. App. 329, 238 S.E.2d 289 (1977); Mason v. State, 147 Ga. App. 179, 248 S.E.2d 302 (1978); Lemley v. State, 245 Ga. 350, 264 S.E.2d 881 (1980); Carnes v. Crawford, 246 Ga. 677, 272 S.E.2d 690 (1980); Knowles v. State, 159 Ga. App. 239, 283 S.E.2d 51 (1981); Jefferson v. State, 159 Ga. App. 740, 285 S.E.2d 213 (1981); Davis v. State, 165 Ga. App. 231, 295 S.E.2d 131 (1982).   OPINIONS OF THE ATTORNEY GENERAL    Sheriff as registered peace officer must meet requirements under § 15-16-1. - Sheriff who was a registered peace officer under Ga. L. 1977, p. 1180, §§ 1 and 2 (see now O.C.G.A. § 35-8-8) but did not complete two years of service as sheriff prior to January 1, 1980, must meet the requirements of former Code 1933, § 24-2801 (see now O.C.G.A. § 15-16-1). 1980 Op. Att'y Gen. No. 80-148.   Agencies may hire those 18 years old.   - This section allows, but does not necessarily require, law enforcement agencies to hire those as young as 18 years of age. 1973 Op. Att'y Gen. No. 73-130.   Appointment of investigators.    - O.C.G.A. § 35-8-6(c), which authorizes the Executive Director of the Georgia Peace Officer Standards and Training Council to appoint investigators with the power of arrest, allows for the appointment of officers exempted from the certification requirements by the grandfathering provisions in O.C.G.A. § 35-8-10(c) whose registrations have remained in effect, and who are in compliance with the officers' training requirements. 1989 Op. Att'y Gen. No. U89-9.    Individual cannot be employed as police officer prior to obtaining high school diploma or equivalent;  an individual may not be employed as a peace officer with the understanding that the individual must obtain the high school diploma or the diploma's equivalent prior to being certified. 1970 Op. Att'y Gen. No. 70-152.   Single felony conviction disqualifies individual from employment or certification.   - In order for an individual to be disqualified from employment or certification under this chapter, the individual's single conviction would have to have been for a felony and not a misdemeanor. 1971 Op. Att'y Gen. No. 71-191.   Imprisonment in "prison" or "penitentiary" same.   - Since paragraph (a)(4) uses the word "prison" and not the word "penitentiary," it should be noted the two are interchangeable and the variation, therefore, is legally insignificant. 1971 Op. Att'y Gen. No. 71-191.   Possible that convicted individual does not serve time.   - Word "could" in paragraph (a)(4) refers to the possibility that an individual convicted of a felony might not, and often does not, serve time on the sentence, i.e., the sentence might be probated or suspended. 1971 Op. Att'y Gen. No. 71-191.    Educational and medical prerequisites apply to all law enforcement officers certified by the council;  the council may not certify officers who do not meet the certification requirements specified in this chapter. 1970 Op. Att'y Gen. No. 70-209.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, §§ 48 et seq., 76. 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 7 et seq.   C.J.S.   - 63 C.J.S., Municipal Corporations, § 624 et seq. 67 C.J.S., Officers and Public Employees, §§ 22, 26 et seq.