Sheriff appeals judge's ruling to Georgia Supreme Court

Lincoln County Sheriff Gerald Lawson has appealed the ruling made by Superior Court Judge T. Penn McWhorter of Winder to the Georgia Supreme Court.

In his court order, Judge McWhorter granted the county's petition for declaratory judgment relief against the sheriff. McWhorter was appointed to rule on the matter after both of the judges in the Toombs Judicial Circuit recused themselves from the case earlier in the year.

The civil action stemmed from a January 25 meeting between Lawson and the board of commissioners during which the board asked the sheriff to transfer $16,000 in revenues, generated by the inmate telephone system at the Lincoln County Law Enforcement Center, to the county's General Fund.

Sheriff Lawson contended that the revenues from Evercom Systems, Inc., the company that provides telephone services to the inmates, are public funds and not budgeted revenues, and he has the right to place the funds in a separate bank account and use the money to purchase items that would benefit the inmates.

At the conclusion of the meeting, the commission voted unanimously to give Sheriff Lawson one week to transfer the $16,000 to the General Fund. He failed to comply with the ultimatum, and the board of commissioners filed a petition for declaratory judgment.

In a declaratory judgment, a judge declares the rights of the parties or expresses the opinion of the court on a question of law, without ordering anything to be done.

Responsive pleadings to the county's petition were filed by the sheriff on March 12; and Judge McWhorter made his ruling on September 21.

In his court order, the judge cited the decision made by the Georgia Supreme Court in the case of the Board of Commissioners of Dougherty County v. Saba. The supreme court ruled that:

"'The sheriff is an elected constitutional officer and not an employee of the county commission... Nonetheless, as a county officer, the sheriff's budget and accounts are subject to the authority of the county commission, which can amend or change estimates of required expenditures presented by the county officer. The county commission has the power to cut the budget of an elected constitutional county officer, but the county commission's changes to the budget, submitted by the elected constitutional county officer, may be judicially reviewed for abuse of discretion...'"

Judge McWhorter wrote: "Pragmatically, all funds expended in the operation of the sheriff's office are the responsibility of the county commission, and in the furtherance of that duty, must know the total amount expended in order to budget and establish millage rates.

"Any funds generated through the use of county-owned property are county funds and not the funds of entities who are dependent upon the county commission for their financial needs. Given the powers vested in the county commission to control the sheriff's budget, this court finds that it is within the authority of the county commission to require the sheriff to turn over all funds collected from both contracts with Evercom Systems, Inc."

Commenting on his appeal to the supreme court, which was filed in Lincoln County Superior Court on Thursday, October 18, Sheriff Lawson said, "It is the position of the Lincoln County Sheriff's Office and the Georgia Sheriff's Association that jail phone revenues paid to a sheriff's office may be held in accounts maintained by that office. With regard to these monies, the procedures used by myself as well as sheriffs through the state provide the most efficient means of managing these revenues and fulfilling the duties and obligations of the office of sheriff.

"The preservation of county funds is not an issue in this lawsuit," the sheriff continued. "Jail phone revenues constitute only approximately .01 percent of the annual operating budget of the sheriffs office. Therefore, the amount of money at issue, relative to the total operating budget, is financially insignificant."

He added that the jail telephone account has been fully audited by the board of commissioners.

"Nevertheless, this lawsuit has created a judicial controversy, with statewide implications, concerning the amount of control which may be exercised by a county board of commissioners over the office of sheriff in Lincoln and other counties, pursuant to the state constitution," said Sheriff Lawson. "Since constitutional issues of this nature are generally decided by the Supreme Court of Georgia, I will honor the determination of that body."

Sheriff Lawson is being represented by attorneys John B. Long and Troy A. Lanier of Tucker, Everitt, Long, Brewton, and Lanier of Augusta.

"We respectfully disagree with the conclusion reached by Judge McWhorter," said Lanier. "As a matter of course, the Georgia Court of Appeals or the Georgia Supreme Court interpret constitutional matters."

He went on to say that while Judge McWhorter's ruling addresses only Sheriff Lawson's situation, the supreme court's decision could potentially affect all sheriffs in the state.

"The Georgia Sheriff's Association agreed that an appeal should be pursued in this case because the judge's ruling did not resolve the question for all of the sheriffs in the state," said Lanier. "The sentiment of the sheriff's association is that this is something worthwhile that needs to be clarified for all concerned."

According to Commission Chairman Walker Norman, "The only thing I have to say is I never thought that different elected officials or other county department heads could spend funds without going through the budget process. In my opinion and that of the county attorney, they must go through the budget process - that's the law."

In other comments, the chairman said, "I hate we are having to spend the taxpayers' money to make Sheriff Lawson do what the law requires him to do. And even after the superior court judge ruled that Sheriff Lawson was in violation of the law, he has filed an appeal and continues to spend taxpayers' money."

The total cost for legal counsel had not been determined as of press time.

Michael O'Quinn of McDonough, Georgia, is serving as the attorney for Lincoln County in this matter.

As for what happens next, both parties in the lawsuit will file briefs with the Georgia Supreme Court, which may or may not hear oral arguments. The court will then hand down a ruling that either affirms or reverses Judge McWhorter's decision.