GA Code § 15-16-23 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 1 - General Provisions|§ 15-16-23. Appointment of Deputy Sheriffs; Bond

 Sheriffs are authorized in their discretion to appoint one or more deputies.Each deputy shall be required to execute a bond with a surety in the amount of $5,000.00 payable to the sheriff and conditioned upon the faithful accounting for all public and other funds or property coming into the deputy's custody, control, care, or possession.   (Laws 1799, Cobb's 1851 Digest, p. 575; Code 1863, § 330; Code 1868, § 391; Code 1873, § 355; Code 1882, § 355; Civil Code 1895, § 4378; Civil Code 1910, § 4912; Code 1933, § 24-2811; Ga. L. 1982, p. 1779, §§ 1, 3; Ga. L. 1994, p. 747, § 2.)   OPINIONS OF THE ATTORNEY GENERAL    Office of "special deputy sheriff" exists only in counties affected by this section,  and any person holding oneself out as a "special deputy sheriff" in any other county either has no legal standing or is an actual deputy sheriff appointed under the provisions of this section. 1975 Op. Att'y Gen. No. 75-64.    Deputies employed by sheriff are employees of sheriff,  not the county governing authority, and the sheriff alone is entitled to appoint and discharge the deputies. 1975 Op. Att'y Gen. No. U75-37.   Lack of oath or bond does not render acts under color of office invalid.   - Failure of a deputy to take the required oath does not render the deputy's acts taken under color of office to be invalid, inasmuch as notwithstanding the deficiency, the deputy is still a "de facto officer"; the same rule applies if the deficiency is a failure to furnish bond. 1965-66 Op. Att'y Gen. No. 66-211.   Appointment of chief of police as deputy.   - Sheriff may appoint chief of police of city within county as deputy sheriff for purpose of serving process in a suit unless there is something in the terms under which the chief of police was employed prohibiting the chief from accepting other employment. 1962 Op. Att'y Gen. p. 81.    Night watchman for state sanatorium  should be deputized by the sheriffs of the two counties in which the property is located in order to have the power to arrest for offenses committed thereon. 1945-47 Op. Att'y Gen. p. 539.   Performance by deputies of acts which may lawfully be performed by sheriff.   - Regularly appointed deputy sheriff and persons lawfully performing the duties incumbent upon a posse comitatus may perform such acts as may lawfully be performed by a sheriff. 1969 Op. Att'y Gen. No. 69-75.   Regularly appointed deputy sheriff may perform such acts as may lawfully be performed by sheriff. 1969 Op. Att'y Gen. No. 69-131.    Special deputy sheriff is authorized to investigate collection of taxes.  1969 Op. Att'y Gen. No. 69-131.   Members of emergency squads.   - Police intelligence unit should provide that members of emergency squads be qualified as de jure deputy sheriffs in all counties in which the members intend to operate. 1969 Op. Att'y Gen. No. 69-473.    Multi-government emergency squads  may combat common disaster, civil disorder, riot, and other emergency situations. 1969 Op. Att'y Gen. No. 69-473.   Prohibitions of    § 45-2-2 inapplicable to deputy sheriffs and deputy coroners. - Since both deputy sheriffs and deputy coroners are appointed under O.C.G.A. § 15-16-23 rather than elected, neither is a county officer within the meaning of O.C.G.A. § 45-2-2, and the statute's prohibition against holding more than one county office does not apply. 1981 Op. Att'y Gen. No. U81-6.   Service as legislator and deputy sheriff.   - A member of the General Assembly may not also serve as a deputy sheriff because simultaneously serving as a legislator and a deputy sheriff violates the Georgia Constitution's separation of powers provision and potentially violates other constitutional provisions and common law rules governing conflicts of interest. 2018 Op. Att'y Gen. No. U18-3.   RESEARCH REFERENCES   Am. Jur. 2d.   - 70 Am. Jur. 2d, Sheriffs, Police, and Constables, §§ 13, 14.   C.J.S.   - 80 C.J.S., Sheriffs and Constables, § 20 et seq.   ALR.   - Liability of police officer or his bond for injuries or death of third persons resulting from operation of motor vehicle by subordinate, 15 A.L.R.3d 1189.