The Georgia Court of Appeals upheld Superior Court Judge T. Penn McWhorter's decision to grant Lincoln County's petition for declaratory judgment relief, filed against Sheriff Gerald Lawson on February 16, 2007.

The unanimous ruling by the court was issued Tuesday, July 8, by A. Harris Adams, appellate judge.

The civil action stemmed from a January 25, 2007, 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 in superior court for declaratory judgment.

Responsive pleadings to the county's petition were filed by the sheriff on March 12, 2007, and Judge McWhorter made his ruling on September 21, 2007.

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, (the commission) 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."

The sheriff appealed Judge McWhorter's ruling to the Georgia Supreme Court on October 18, 2007. The court, in turn, transferred the case to the Court of Appeals.

In his ruling, the appellate court judge wrote, "...this case involves whether a sheriff may use county property, facilities, or other resources to earn revenue independent from the county budgeting process and keep that revenue for use of the sheriff's department. We hold that a sheriff does not have this authority.

"First, revenue generated using county property, facilities, or resources is itself county property and therefore subject to county authority" under state law.

The contracts with Evercom Systems are dependent on the existence of the jail, which is county property.

"Second, we find no legislative authority for such a far-reaching power, and Lawson has not cited any," according to Judge Adams. "Third, none of the authority cited by Lawson authorizes such a power."

Likewise, "...although a sheriff is authorized by the legislature to collect certain fees, such as fees for transporting prisoners, summoning witnesses, attending court, etc., the revelant Code section provides that 'all such fees shall be turned over to the county treasurer or fiscal officer of the county.'

"We do not find persuasive the fact that Lawson maintains other bank accounts for certain uses, including accounts for revenues from the jail commissary, charitable donations, and rewards for fugitives," the judge continued. "This case does not involve those accounts, and the simple fact that Lawson maintains those accounts does not provide legal support to his asserted authority to earn and keep telephone contract revenue."

In conclusion, Judge Adams wrote, "To allow the sheriff to use county property or facilities to earn and keep revenue independent from the county's budgeting process would, in the extreme, undermine the county's broad discretion to exercise control over public property.

"We understand the argument that the sheriff may be in a better position to manage the inmate telephone contract and telephone use. But matters of this kind should be worked out between the sheriff and the county."

In his comments, Walker Norman, chairman of the Lincoln County Board of Commissioners, stated that although he is pleased with the Appellate Court's ruling, he is saddened by the fact that the sheriff was unwilling to comply with the law from the beginning.

"In these uncertain economic times, it is unfortunate that the sheriff forced tens of thousands of hardearned tax dollars to be spent on a lawsuit and an appeal, dealing with an issue already clarified by law," said the chairman. Although the final legal bills have yet to be paid, the cost of the case is expected to exceed $30,000. In addition to the legal fees for the commissioners, the county is also required, by law, to pay Sheriff Lawson's attorney fees.

Chairman Norman indicated that he will ask the sheriff to turn over the balance of any monies on hand immediately, along with a complete accounting of the monies already spent.

As for Sheriff Lawson, he plans to request that the Georgia Supreme Court review the ruling issued by the Court of Appeals.

"A pending lawsuit, regarding the proper procedures for maintaining and utilizing the proceeds generated by the inmates' use of jail telephones, raises questions pertaining to the interpretation of the Georgia Constitution," said the sheriff. "Pursuant to state law, these issues are properly and ultimately resolved by the Supreme Court of Georgia.

"Although the majority of sheriffs throughout the state collect, hold, and utilize jail phone proceeds in precisely the same manner as my office, the issue of whether these monies should be held in a county's general fund or in accounts maintained by the sheriff's office had never been decided by any Georgia court.

"I believe that the proper and most efficient means of handling these funds is to deposit them in accounts maintained by the sheriff's office and audited by the board of commissioners. Therefore, I am requesting that the Supreme Court of Georgia make a final determination as to this previously unresolved question of constitutional law."

In other remarks, Sheriff Lawson said he regrets that the taxpayers of Lincoln County have been forced to shoulder the burden of the legal costs associated with the lawsuit filed by the commissioners.

On Friday, July 11, attorneys for the sheriff filed a notice of intent to apply for certiorari, which is essentially a request for the Georgia Supreme Court to review the case.

In his comments, Michael O'Quinn, who serves as the attorney for the county in this matter, stated, "In my opinion, the Court of Appeals got it exactly right."