Title 15, Chapter 16, Section 13
( 15-16-13)
(a) The sheriffs of the various counties of this state are
authorized to contract with the governing body of any municipal
corporation located within their respective counties, with the
written consent of the governing authority of the county, for the
purpose of providing law enforcement services to the municipal
corporation. Such contracts may include undertakings by the sheriff
to perform any police function, to exercise any police power, or to
render any police service on behalf of the contracting municipal
corporation. Upon the execution of any such contract and within the
limitations contained in the contract, the sheriff and his deputies
may exercise the same powers as possessed by the contracting
municipal corporation with respect to police services and all powers
necessary or incidental thereto. (b) Any contract authorized by this Code section shall not affect, impair, or limit the authority or powers of the municipal corporation or of the sheriff except as otherwise specified in the contract. Sheriffs shall have the same duties, powers, and arrest authority within municipalities which such officers have in unincorporated areas of counties. The duties, powers, and arrest authority of sheriffs shall not be limited, impaired, or affected in any way upon a sheriff and a municipality entering into a contract for the sheriff to provide additional duties or services to a municipality. Nothing in this Code section shall be construed so as to limit, affect, diminish, or impair the rights, powers, or duties of any county or municipal police department as set forth in Code Section 36-8-5 or any law creating or authorizing the creation of a municipal police department. (c) Such contracts shall provide for the reimbursement of the county
for the costs incurred by the sheriff in providing contract
services, including, but not limited to, the compensation of deputy
sheriffs and other personnel, the costs of funding retirement
benefits, insurance, workers' compensation and other fringe benefits
for deputies and personnel, the costs of training deputies and other
personnel, and the costs of equipment, materials, supplies, and
utilities to the extent that such equipment, materials, supplies,
and utilities are not furnished by the contracting municipal
corporation. Each contract shall provide for the ascertainment of
the cost of providing contract services and shall be of such
duration as may be agreed upon, unless in conflict with any other
general law or the Constitution of this state. (d) All payments made by a municipal corporation under the terms of
any contract authorized by this Code section shall be made to the
general fund of the county. Any funds paid into the general fund of
the county pursuant to such a contract shall be used for the
purposes provided for in this Code section and in the contract and
shall be paid by the governing authority of the county. (e) Any other law to the contrary notwithstanding, the sheriff is
authorized to employ such additional deputies and personnel as may
be provided for in any contract authorized by this Code section and
to purchase such automobiles, equipment, materials, supplies, and
utilities as may be provided for in any such contract, the
compensation, benefits, expenses, and costs of which shall be paid
or funded by the governing authority of the county in an amount or
amounts not exceeding the contract payments made by the municipal
corporation into the general fund of the county. (f) This Code section shall not apply to any county of 600,000
population or more according to the United States decennial census
of 1970 or any future such census. |