Attorney criticizes revised order from Gov. calling for investigation of DeKalb Sheriff

The attorney for embattled DeKalb County Sheriff Jeffrey Mann on Wednesday said the governor's revised executive order calling for an investigation does not cover his client's alleged misdeeds.

Gov. Nathan Deal's new order -- issued Tuesday after Mann's lawyer, Noah Pines, raised concerns over the initial draft -- sought to broaden his appointed committee's investigative scope to include alleged misconduct in office or alleged incapacity to perform the functions of office. Mann was arrested on May 6 after an Atlanta police officer said the sheriff exposed himself and then fled on foot before eventually surrendering.

“Although ‘misconduct in office’ is not defined by (Georgia code), a common-sense definition of the term requires that Sheriff Mann commit some type of misconduct in his official capacity as sheriff of DeKalb County,” Pines wrote. “Therefore, since there are no allegations that Sheriff Mann committed any misconduct in his official capacity ... (the law) does not authorize the appointment of an investigative committee.”

Last week, Deal had cited criminal charges as the justification for appointing the committee composed of two sheriffs and Georgia’s attorney general. Pines said Mann had been accused of violating city ordinances that do not rise to the level of criminality.

In Wednesday’s letter, Pines wrote that Mann’s arrest has not rendered him incapable to perform the actions of his office. “Incapacity is commonly defined as a physical or mental inability or perform one’s duties,” he said.

Mann also is under investigation by the Georgia Peace Officer Standards and Training Council that could lead to the suspension or revocation of his license.