GA Code § 15-16-1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 16 - Sheriffs|Article 1 - General Provisions|§ 15-16-1. Qualification Requirements for Sheriff; Exemptions

  Intent. The General Assembly declares it to be in the best interests of the citizens of this state that qualifications and standards for the office of sheriff be determined and set so as to improve both the capabilities and training of those persons who hold the office of sheriff. With the increase of crime continuing as a major social problem in this state and with the understanding that the sheriff is the basic law enforcement officer of the several counties of this state, it is declared to be the intent of the General Assembly that proper qualifications and standards be required of the person holding the office of sheriff so as to increase the effectiveness and capabilities of the several sheriffs of this state as law enforcement officers to combat crime.   General requirements. Except as otherwise provided in this Code section, sheriffs are elected, qualified, commissioned, hold their offices for the same term, and are subject to the same disabilities as the clerks of the superior courts.   Qualifications.   No person shall be eligible to hold the office of sheriff unless such person:   At the time of qualifying as a candidate for the office of sheriff is a citizen of the United States;   Has been a resident of the county in which he or she seeks the office of sheriff for at least two years immediately preceding the date of qualifying for election to the office;   At the time of qualifying as a candidate for the office of sheriff is a registered voter;   At the time of qualifying as a candidate for the office of sheriff has attained the age of at least 25 years;   At the time of qualifying as a candidate for the office of sheriff has obtained a high school diploma or its recognized equivalent in educational training as established by the Georgia Peace Officer Standards and Training Council;   Has not been convicted of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States; provided, however, that a plea of nolo contendere to a felony offense or any offense involving moral turpitude contrary to the laws of this state shall have the same effect as a plea of guilty, thereby disqualifying such a person from holding the office of sheriff;   Is fingerprinted and a search made of local, state, and national fingerprint files to disclose any criminal record, which fingerprints are to be taken under the direction of the judge of the probate court of the county in which such person is qualifying and must be taken on or before, but no later than, the close of business on the third business day following the close of such qualification period. If the search of such fingerprint files results in the discovery of any criminal record that reveals that the person has been convicted, or the record shows no disposition of the record, of a felony offense or any offense involving moral turpitude contrary to the laws of this state, any other state, or the United States, the probate judge shall notify the election superintendent of such record immediately;   At the time of qualifying as a candidate for the office of sheriff, files with the officer before whom such person is qualifying a complete written history of his or her places of residence for a period of six years immediately preceding his or her qualification date, giving the house number or RFD number, street, city, county, and state;   At the time of qualifying as a candidate for the office of sheriff, files with the officer before whom such person is qualifying a complete written history of his or her places of employment for a period of six years immediately preceding his or her qualification date, giving the period of time employed and the name and address of his or her employer; and   Is a registered peace officer as provided in Code Section 35-8-10 or is a certified peace officer as defined in Chapter 8 of Title 35. Any person who is not a registered or certified peace officer at the time such person assumes the office of sheriff shall be required to complete satisfactorily the requirements for certification as a peace officer as provided in Chapter 8 of Title 35 within six months after such person takes office; provided, however, that an extension of the time to complete such requirements may be granted by the Georgia Peace Officer Standards and Training Council upon the presentation of evidence by a sheriff that he or she was unable to complete the basic training course and certification requirements due to illness, injury, military service, or other reasons deemed sufficient by such council. The Georgia Peace Officer Standards and Training Council shall make every effort to ensure that space is available for newly elected sheriffs who are not certified or registered peace officers to attend the course as soon as possible after such persons take office. Such council shall notify the appropriate judge of the probate court whenever a newly elected sheriff who is not certified fails to become certified as a peace officer pursuant to the requirements of this subparagraph.     Each person offering his or her candidacy for the office of sheriff shall at the time such person qualifies, swear or affirm before the officer before whom such person has qualified to seek the office of sheriff that he or she meets all of the qualifications required by this subsection, except as otherwise provided in subparagraph (J) of paragraph (1) of this subsection, and that he or she has complied or will comply with the requirements of subparagraph (G) of paragraph (1) of this subsection no later than the close of business on the third business day following the close of such qualification period.   Each person offering his or her candidacy for the office of sheriff shall file an affidavit with the election superintendent of the county by the close of business on the third business day following the close of the qualification period stating:   That such person is a high school graduate or has obtained the recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and   When and from what school such person graduated from high school or obtained such recognized equivalent in education training.  In addition, such person shall also file a certified copy of his or her birth certificate with the election superintendent of the county.      Each person offering to run for the office of sheriff and who is otherwise qualified shall be allowed, six months prior to qualifying and at his or her own expense, to attend the basic mandate course for peace officers. The Georgia Peace Officer Standards and Training Council shall work to ensure that space is available for such individuals to attend the course.     Exemption. The requirements of subparagraphs (c)(1)(D), (c)(1)(E), (c)(1)(F), (c)(1)(H), (c)(1)(I), and (c)(1)(J) of this Code section shall be deemed to have been met by any person who is currently serving as a duly qualified and elected sheriff of one of the several counties of this state.    (Laws 1799, Cobb's 1851 Digest, p. 198; Code 1863, § 320; Code 1868, § 381; Code 1873, § 345; Code 1882, § 345; Civil Code 1895, § 4368; Civil Code 1910, § 4902; Code 1933, § 24-2801; Ga. L. 1977, p. 1171, § 1; Ga. L. 1978, p. 244, § 1; Ga. L. 1981, p. 1334, §§ 1, 2; Ga. L. 1982, p. 3, § 15; Ga. L. 1984, p. 579, § 1; Ga. L. 1984, p. 1369, § 1; Ga. L. 1986, p. 606, § 1; Ga. L. 1989, p. 1091, § 3; Ga. L. 1990, p. 8, § 15; Ga. L. 1992, p. 2112, § 1; Ga. L. 1993, p. 724, §§ 1, 2; Ga. L. 1994, p. 521, § 1; Ga. L. 1997, p. 952, § 1; Ga. L. 1998, p. 224, § 1; Ga. L. 2013, p. 648, § 1/HB 139.)    The 2013 amendment,  effective July 1, 2013, in subparagraph (c)(1)(G), substituted "of the county in which such person is qualifying and must be taken on or before, but no later than, the close of business on the third business day following the close of such qualification period" for "and must be taken on or before, but no later than, the close of qualification for election to the office of sheriff" and added the second sentence; near the beginning of subparagraph (c)(1)(H), substituted ", files with the officer before whom such person is qualifying" for "gives"; near the beginning of subparagraph (c)(1)(I), substituted ", files with the officer before whom such person is qualifying" for "gives"; near the beginning of paragraph (c)(2), deleted ", within 60 days prior to or" following "sheriff shall" and deleted subparagraph (c)(2)(A), which read: "File with the officer before whom such person has qualified to seek the office of sheriff a certified copy of his or her birth certificate and a certified copy of his or her high school diploma or certified proof of its recognized equivalent in education training as established by the Georgia Peace Officer Standards and Training Council; and"; deleted the subparagraph (c)(2)(B) designation, inserted "or will comply" near the end, and substituted "the close of business on the third business day following the close of such qualification period" for "the close of qualification for election to the office of sheriff"; added paragraph (c)(3); and redesignated former paragraph (c)(3) as paragraph (c)(4).   Cross references.   - County officers, Ga. Const. 1983, Art. IX, Sec. I, Para. III.    Clerks of superior courts generally, § 15-6-50 et seq.   Administrative Rules and Regulations.   - Organization, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Peace Officer Standards and Training Council, Chapter 464-1.   Criminal Justice Information Exchange and Dissemination, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Crime Information Center Council, Practice and Procedure, Rule 140-2-.04.   JUDICIAL DECISIONS    Subparagraph (c)(1)(E) of O.C.G.A. § 15-16-1 is not violative of the equal protection clause of the constitution. Goforth v. Poythress, 638 F.2d 27 (5th Cir. 1981).   Basic law enforcement office of counties.    - It was the intent of the General Assembly that the office of sheriff be the basic law enforcement office of the counties of this state. Veit v. State, 182 Ga. App. 753, 357 S.E.2d 113 (1987).   Deadlines applicable to person seeking nomination by primary election.    - Deadlines stated in subparagraph (c)(1)(G) and paragraph (c)(2) of this section are applicable to a person seeking by primary election that person's party's nomination as candidate for office of county sheriff. Grogan v. Paulding County Democratic Executive Comm., 246 Ga. 206, 269 S.E.2d 467 (1980).    Statute uses word "election" generically, which includes primary. Grogan v. Paulding County Democratic Executive Comm., 246 Ga. 206, 269 S.E.2d 467 (1980).   Convicted felon prohibited from running for office of sheriff.    - It was the intent of the General Assembly to prohibit a convicted felon from running for the office of sheriff even though such person might obtain a pardon for the felony. Barbour v. Democratic Executive Comm., 246 Ga. 193, 269 S.E.2d 433 (1980).   Duties and powers of sheriff by common law and statute.    - Office of sheriff carries with it all of its common law duties and powers, except as modified by statute, and statutes in derogation of the common law must be strictly construed. Warren v. Walton, 231 Ga. 495, 202 S.E.2d 405 (1973).   Sheriffs not restricted in right to employ.    - Both under the rule of common law and the statute law in force in this state, sheriffs are not restricted in their right to employ and discharge their deputies and employees, and any limitation or restriction which now applies to only one sheriff in this state must be strictly construed, and no powers or rights will be given to the reviewing or limiting authority except those definitely and positively granted by the General Assembly. Warren v. Walton, 231 Ga. 495, 202 S.E.2d 405 (1973).   Sheriff's database maintenance procedures.   - County had no 42 U.S.C. § 1983 liability for the sheriff's law enforcement policies and conduct regarding warrant information on database systems or the training and supervision of the sheriff's employees in that regard; under Georgia law, the sheriff's function was to enforce laws and keep the peace on behalf of the state. Grech v. Clayton County, 335 F.3d 1326 (11th Cir. 2003).    Cited in  Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003).   OPINIONS OF THE ATTORNEY GENERAL   Authority to enact qualifications for sheriffs.   - General Assembly was authorized by Ga. Const. 1976, Art. IX, Sec. I, Para. IX (see now Ga. Const. 1983, Art. IX, Sec. I, Para. III) to enact qualifications for sheriffs in excess of those which apply to other offices. 1980 Op. Att'y Gen. No. 80-56.   Sheriff may not act as attorney.   - Sheriff by reason of sheriff's position as court officer is precluded from acting as attorney. 1948-49 Op. Att'y Gen. p. 627.   Deputy sheriff is prohibited from practicing law as a special prosecutor while remaining in the position of deputy sheriff. 1980 Op. Att'y Gen. No. U80-47.   O.C.G.A.    § 15-16-1(c) is mandatory. - Use of the words "No person shall be eligible" clearly make the statutory provisions mandatory and not permissive because the word shall is given the construction as a word of command. 1980 Op. Att'y Gen. No. 80-83.   Persons to whom mandatory language of subsection (c) applies.   - Words of command in subsection (c) of this section apply only prospectively to sheriffs who seek election or are elected after the effective date of the statute, and not retroactively to sheriffs who were duly qualified and elected prior to its effective date and whose term of office extends beyond the effective date of the statute. 1980 Op. Att'y Gen. No. 80-83.   "Residence" construed as "domicile."    - Term "resident" as used in subparagraph (c)(1)(B) of O.C.G.A. § 15-16-1 means a person who is domiciled in the county. Similarly, the word "residence" as used in subparagraph (c)(1)(H) of § 15-16-1 should also be construed as "domicile." Therefore, if a candidate listed the candidate's domiciles for the six years immediately preceding the date of the candidate's qualifying for election, then the candidate should not be disqualified. 1988 Op. Att'y Gen. U88-34.   Two-year residency requirement.   - For a person to be eligible to hold the office of sheriff the person must have been a resident of the county in which the person seeks the office for at least two years prior to the person qualifying for the election to that office. 1979 Op. Att'y Gen. No. 79-58.    Individual who has been convicted of a felony,  completed that sentence, and either received a pardon, or had the individual's rights restored, is not eligible to run for and hold the office of sheriff. 1980 Op. Att'y Gen. No. 80-56.   Person who has been convicted in federal court for the felony offense of federal income tax evasion upon a plea of nolo contendere is ineligible to run for the office of sheriff. 1980 Op. Att'y Gen. No. 80-96.    Disqualifying felony offense  need not be defined as a felony under Georgia law. 1980 Op. Att'y Gen. No. 80-96.   Failure to comply with subsection (d) if otherwise qualified.   - Person otherwise qualified to be sheriff is not disqualified from being elected to the office of sheriff by that person's failure to meet the qualifications set forth in subsection (d) of this section. However, in order to continue holding the office of sheriff after election, such a person would be required within the first six months in office to become a certified police officer as set forth in paragraph (d)(1) of this section. 1980 Op. Att'y Gen. No. 80-3.   Law enforcement experience need not be consecutive.   - Two years' experience in the law enforcement field required by former paragraph (d)(3) of this section need not be served consecutively. 1980 Op. Att'y Gen. No. 80-41.   Providential cause.   - Sheriff is unable to attend the required training session due to providential cause when that sheriff is prevented from attending the training session due to an accident against which ordinary skill and foresight could not guard. 1984 Op. Att'y Gen. No. U84-45.   Question of what constitutes or does not constitute "providential cause" in an individual case ultimately lies within the sound discretion of the council and must be decided on a case-by-case basis. 1984 Op. Att'y Gen. No. U84-45.   Serious illness or injury would suffice as "providential cause"; inconvenience would not. 1984 Op. Att'y Gen. No. U84-45.   Interim appointment.   - To hold the office of sheriff, even for an interim period, an appointee must seek certified peace officer training or get a waiver. 1996 Op. Att'y Gen. No. 96-14.   Waiver of training requirement.    - Georgia Peace Officer Standards and Training Council has no authority to waive the training requirement specified in subsection (e) of O.C.G.A. § 15-16-1. 1984 Op. Att'y Gen. No. U84-45.   Completion of training session.   - Newly elected sheriff must successfully complete the required training session by receiving passing marks as established by council guidelines on the written performance examination. 1984 Op. Att'y Gen. No. U84-45.   Two-year exemption period.   - If a newly elected sheriff has served in office for a total of two calendar years prior to the date the sheriff begins a first term, i.e., January 1 immediately following the general election, the sheriff is deemed to have met the training requirements. 1984 Op. Att'y Gen. No. U84-45.   Applicability of former subsection (g).   - Former subsection (g) of this section applied equally to all duly qualified and elected persons who served in the office of sheriff of one of the several counties of the state for a period of two years, regardless of whether such service was performed, all or in part, prior to the effective date of this section. 1980 Op. Att'y Gen. No. 80-83.   Blindness not bar to otherwise qualified person.   - Person otherwise possessing the qualifications to hold the office of sheriff may not be barred from such office because that person is blind. 1980 Op. Att'y Gen. No. U80-1.   Extension of period for meeting minimum training requirement.    - Annual period specified in former subsection (f) of O.C.G.A. § 15-16-1 for compliance with the 20 hours' minimum training requirement cannot be extended by either the Georgia Peace Officer Standards and Training Council (see now O.C.G.A. § 35-8-3) or the Georgia Sheriffs' Association. 1982 Op. Att'y Gen. No. 82-18.   RESEARCH REFERENCES   Am. Jur. 2d.   - 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 7 et seq.   C.J.S.   - 80 C.J.S., Sheriffs and Constables, § 3 et seq.