Wednesday, August 27, 2003
|
Wednesday, August 27, 2003 |
|
Sheriff, commission face off in dispute about marshals' powers By JOHN MUNFORD
Fayette County Commission Chairman Greg Dunn insists that the Fayette County Marshal's Office is legally empowered to make arrests, despite a contrary opinion from county Sheriff Randall Johnson. In a letter to the sheriff, Dunn said the marshal's department has been a county police department since it was came into existence in 1983 by an action of the commission. Johnson said Tuesday he will continue to turn away prisoners from the Fayette County Jail who have been arrested by the Marshal's Department. Johnson said last week that he was doing so on the basis that they lack the statutory authority to make arrests without a warrant and could expose the county and the sheriff's department to lawsuits. But refusing to house a prisoner from the marshal's department could make Sheriff Johnson subject to a misdemeanor charge that carries a maximum fine of $1,000, Dunn noted in his letter replying to Sheriff Johnson's concerns about the marshal's office. The sheriff said he has received Dunn's letter and that he would reserve comment on it until he could investigate the issue further. Johnson said he was awaiting information from the Georgia Sheriff's Association on the issue also. "I just want to get it cleared if they have the authority to do what they're doing," Johnson said. "If they do, fine. But if they don't they should stop. I don't want to end up in a lawsuit." Dunn contends that a resolution passed by the county commission in 1989 specifically grants the marshals "the power to make arrests and to execute and return criminal warrants and processes in Fayette County, and all the powers of the sheriff as peace officers in Fayette County." All county marshals are sworn police officers. The marshals conduct security patrols on county property, enforce state wildlife and fishing regulations, investigate zoning complaints and conduct internal county investigations when necessary. Jack Krakeel, director of the county's division of public safety, said last week the marshal's department is not trying to take over traffic patrol for the county. That job is for Sheriff Johnson, Krakeel said. But if any marshals witness a traffic violation that could endanger other motorists they will make a traffic stop, Krakeel added. Dunn noted in his letter that the marshal's office was created in 1983 and authorized powers for warrantless arrests in 1989, well before the requirements are met for the referendum. "Calling it the Marshal's Office helped to eliminate confusion but in no way changed the status of the office conferred upon it .." Dunn wrote." "Comments made to the press a few days ago and your letter to us which was sent to the press, before I received it, would lead any reasonable person to conclude that you prefer to discredit the county commission publicly rather than making any sincere attempt to determine if there is any basis for your unwarranted concerns," Dunn said in the letter. In his letter to the sheriff, Dunn reminded Johnson that the commission could withdraw funding from the sheriff's department to have the marshal's office conduct patrol, investigative and traffic operations. But the commission prefers to continue the way law enforcement is being handled now, Dunn said. "As long as the quality of law enforcement continues to be the best in the region it would not make good sense to potentially jeopardize our successes by reorganization," Dunn wrote. "It should be noted that in the last few years, your department has received significant increases in dollars and personnel while most county departments including the marshal's office have experienced reduced funding and no new personnel authorizations. That hardly earmarks of a conspiracy to us." Dunn called the allegation that the commission is trying to secretly create a county police department "preposterous."
|
||