Title 15, Chapter 16, Section 1
( 15-16-1)
(a) 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. (b) 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. (c) Qualifications. (1) No person shall be eligible to hold the office of sheriff
unless such person: (A) At the time of qualifying as a candidate for the office of
sheriff is a citizen of the United States; (B) 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; (C) At the time of qualifying as a candidate for the office of
sheriff is a registered voter; (D) At the time of qualifying as a candidate for the office of
sheriff has attained the age of at least 25 years; (E) 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; (F) 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; (G) 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 and must be taken on or before, but
no later than, the close of qualification for election to the
office of sheriff; (H) At the time of qualifying as a candidate for the office of
sheriff gives 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; (I) At the time of qualifying as a candidate for the office of
sheriff gives 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 (J) 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. (2) Each person offering his or her candidacy for the office of
sheriff shall, within 60 days prior to or at the time such person
qualifies: (A) 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 (B) 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 with the
requirements of subparagraph (G) of paragraph (1) of this
subsection no later than the close of qualification for election
to the office of sheriff. (3) 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.
(d) 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. |