A Clayton County man wants a judge to make the governor do what the governor said he couldn’t: start a process that could suspend Sheriff Victor Hill.
Longtime Clayton County resident James Brockman filed a petition in Fulton County Superior Court on Friday, asking a judge to order Gov. Nathan Deal to “execute his statutory obligations” by appointing a panel to recommend whether Hill should be suspended with pay while 32 criminal charges are pending against him.
The filing came the day after Deal’s office announced that the state law did not allow the governor to appoint a three-person panel, which in this case would the attorney general and two sheriffs.
“The law outlining the procedures for the suspension of public officials under indictment applies only to officials indicted while holding their elected office,” the statement from the governor said. “Victor Hill was indicted on Feb. 29, 2012, at which time he was a private citizen and not an elected county officer. Therefore, state law prohibits the appointment of a suspension panel at this time.”
Brockman disputes that. His petition says the law does not say indicted officials can be suspended only if they were in office at the time of the indictment.
“Governor Deal’s interpretation of (the law) forged a loophole for indicted public officials that strains plain reading of the statute and is inconsistent with the legislative intent of the Georgia state Legislature,” Brockman said in the petition that has been assigned to Fulton Judge Kelly Lee.
Hill began his his second term Tuesday even though his state law enforcement certification is suspended, which means he cannot make arrests or serve warrants. Hill’s trial has not been scheduled, delayed while the trial judge’s decision to dismiss five of the original 37 counts is appealed.
The Governor’s Office referred requests for comment to the state attorney general. Spokeswoman Lauren Kane said the attorney general had not read Brockman’s court filing so he had no comment.
Meanwhile, Drew Findling, one of Hill’s defense attorneys, sided with the governor’s interpretation.
“You can rest assured it was researched,” Findling said. “This amounts to nothing more than legal grandstanding.”
Attorney Page Pate, who filed the petition, said Brockman is not trying to “redo” the election but believes “at least while the case is pending he (Hill) should be suspended. I think perhaps the governor has bad advice,” Pate said.
Even if the governor named a committee that recommended Hill be suspended with pay, Deal does not have to agree. The governor has the final say.
“He doesn’t have to suspend Hill but he has to appoint a panel,” Pate said. “Does the indictment adversely affect [Hill’s] ability to do his or her job? That’s what the panel is to consider. (But) I don’t think there is any question the pending indictment will affect his ability to do his job.”
Hill is facing 32 felony charges that he used his office for personal gain. The indictment alleges that during his first term as sheriff — Jan. 1, 2005, through Dec. 31, 2008 — he used county-issued credit cards and cars for personal trips and ordered sheriff’s office employees to work on his charity events and his failed 2008 re-election campaign on county time. One charge says he allowed a woman on his staff to claim sick time so she could be paid even though she was traveling with him to out-of-state vacations.
Hill said he is innocent and the indictment was brought only because he had announced he was running for sheriff.
The votes in last year’s election reflect Hill’s popularity. He defeated Sheriff Kem Kimbrough in the Democratic primary and then took three-fourths of the vote in the November general election against a write-in candidate.
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