Clayton County commissioners are questioning the legality of the wording of a straw poll on the July 15 ballot about consolidating the sheriff's office and police department.

The question of changing the "county charter" to allow for consolidation is factually incorrect, Chairman Eldrin Bell said.

"County governments do not operate under charters," Bell said. "Therefore, they cannot be amended."

Consolidation of the police department into the sheriff's office has been a long-term goal of Sheriff Victor Hill. However, Clayton County commissioners are seeking a judge's approval to put an overseer in the jail and the sheriff's office.

The non-binding straw poll is a way to determine what voters think about an issue. For consolidation to happen, a majority of voters would have to approve a referendum placed on a ballot by the local legislative delegation after approval by the county commissioners.

The question was put on the ballot by Clayton Democratic Party Chairman Kevin Thomas on behalf of the executive board and was voted on by the Democratic Party. Thomas chairs the eight-person executive board, which includes at least two members who work for Hill.

Thomas said consolidation has been an issue "for a long time" and wondered why the commissioners are afraid to let the voters decide. Bell said he doesn't dispute the party's right to put the question to voters.

"I know that legally they have a right to do it, but I'm concerned about the way they did it," he said. Hill couldn't be reached for comment on the ballot question. Hill has refused to talk to The Atlanta Journal-Constitution since a dispute over a January 2007 article about his office duplicating services already provided by the police department. While a one-term state representative, Hill tried unsuccessfully in 2004 to pass a bill allowing for a referendum every four years asking voters whether or not to consolidate the two agencies.

Staff writer Megan Matteucci contributed to this article.