Georgia sheriffs, chafing at what they say is too much oversight over their budgets, are taking their county commissioners to court in an effort to loosen the purse strings, raising legal challenges that could change the dynamics of local government spending.
Burke County Sheriff Alfonzo Williams was already mired in a yearslong war with his county’s commissioners over his budget when he said after a series of clashes —including, according to local news reports, his threat to have them arrested — that he would sue them for more of a say in his department’s finances.
It’s a threat Williams has apparently made several times, including as far back as 2021, and again in January when he asked for budget approval to hire an attorney so he could sue the same commission granting that permission, according to news reports.
In his suit, which was entered into court records on Thursday, he accused the commission of making specific budgetary decisions that interfered with his existing spending decisions, including ignoring his plans for how to pay for some jail inmates who had to be housed in another county because of overcrowding.
“The Board’s unlawful interference circumvents the Petitioner’s power to make budget decisions within his set priorities and negatively affects the operations of the Sheriff, thus resulting in injury to both inmates and Sheriff Deputies on multiple occasions,” he said in the suit.
Fulton County Sheriff Patrick Labat’s attorney, Christopher Balch, said filing his lawsuit was “the last straw” after that sheriff’s own battles with his commission over control of the budget. Labat’s complaint hit the court docket last week.
“This was the board of commissioners absolutely interfering with the ability of the sheriff to make necessary purchases for his office within his allocated budget,” Balch told The Atlanta Journal-Constitution. “We believe that is unconstitutional and against Georgia law.”
The Fulton County Commission declined to comment due to pending litigation.
The lawsuits are the latest attempt by sheriffs to fight for autonomy over their budget as they deal with dwindling staffing, overcrowded jails and competitive salaries. Commissioners, meanwhile, are looking to balance their county budgets to ensure other departments are also adequately funded.
Labat is accusing Fulton commissioners of thwarting his efforts to buy essential items including Narcan, the medication used to reverse an opioid overdose. He asked an Atlanta judge to void a 2024 purchasing ordinance he says is unconstitutional.
Credit: Clayton County Sheriff Levon Allen's Facebook Page
Credit: Clayton County Sheriff Levon Allen's Facebook Page
Clayton County Sheriff Levon Allen could follow in their footsteps. He has threatened legal action after commissioners voted to cut close to 40 staffing positions and $5 million from inmate medical care this week.
Allen announced his intention to sue in a series of text messages sent to Clayton County residents through the Nixle Alert system, an app used to alert residents in real time about local emergencies and events.
The cuts to Allen’s and other departments were part of a budget amendment proposed by County Chairwoman Alieka Anderson-Henry, who has been critical of Allen’s recent spending.
In Clayton, commissioners voted 3-1 to approve the cuts to the 2026 budget. District 1 Commissioner Alaina Reaves voted no after expressing frustration over the budget process, saying three amendments were added and that they were given less than 24 hours’ notice.
District 3 Commissioner Tashe’ Allen, who is married to the sheriff, abstained from the vote. When asked during a commissioners’ meeting to state her reason from abstaining, Tashe’ Allen sat silently for several seconds before saying, “That is my reason.”
Balch said he is not familiar with the Burke County lawsuit, but said he was originally contacted by Williams about representing him.
Balch said he was also contacted by members of Allen’s legal office who were seeking a copy of Labat’s lawsuit.
Attorney Pierre Ifill, who represents the Burke County sheriff, accused commissioners of trying “to derail [Williams’] constitutional ability to provide safety and security” to residents and inmates alike.
“It’s become abundantly clear that the board of commissioners have been radicalized by individuals who try to usurp the constitutional authority bestowed on the office of the sheriff by trying to control their purse strings,” he said.
He said he expects more Georgia sheriffs to bring budget and spending-related suits in the near future. Ifill said he has also been contacted by another Georgia sheriff who is considering legal action against his county. He would not disclose the name of that sheriff or county.
He said Burke County’s proposed budget would leave the sheriff’s office operating at what he said was a $1.5 million deficit, putting the agency at risk of being unable to afford body-worn cameras for its deputies.
Data provided by Burke County show the sheriff’s office budget is more than double that of nearby counties with similar populations. A budget data analysis provided by the county also shows the sheriff’s office has gone over its allocated budget by a combined $2.3 million from 2017 to 2024.
In a statement, Burke County said it not been served with a complaint as of Thursday.
“The commission believes [Williams] is adequately funded and we expect him to stay within budget. It is unfortunate that the tax payers of Burke County have to endure the burden of him suing the Commissioner’s and the citizens,” Burke County Commission Chairman Evans Martin said in a statement.
Augusta Judicial Circuit judges have already recused themselves from handling Williams’ lawsuit. The case will be handled by Superior Court of Georgia Senior Judge Harold A. Hinesley.
Burke County commissioners have asked Gov. Brian Kemp to appoint a committee to conduct an investigation into Sheriff Williams for “his malicious, partial, oppressive and tyrannical actions” after he threated to arrest commissioners and members of the county’s staff over the budget dispute.
Kemp’s office told the AJC that it had received the letters and are reviewing them.
County governments in Georgia are required to fund the office of sheriff and three other so-called constitutional officers: the superior court clerk, probate judge and tax commissioner. They have more independence under Georgia law than county employees.
Credit: Steve Schaefer / AJC
Credit: Steve Schaefer / AJC
Terry Norris, executive director of the Georgia Sheriffs’ Association, said budgetary issues are typically the biggest source of consternation between sheriffs and the county commissioners tasked with funding their departments.
That’s especially true this time of year as most county governments set their budgets, he said.
“The county has to fund the sheriff’s operations,” Norris said. “But sometimes the county doesn’t agree with the sheriff on what those operations should cost or what that sheriff should be doing.”
While his organization typically advises sheriffs to speak with commissioners and hash out their differences, he said sometimes legal action is unavoidable.
Cobb County Commission Chairwoman Lisa Cupid said constitutional officers ultimately have the final say in how to handle their respective budgets.
“We treat all of our constitutional officers as such and know that they have autonomy in how their funding is spent,” Cupid said. “But should they need an increase in funding in any way, that has to be justified.”
Once the money is given, those funds can be shifted as desired, Cupid said, “so there’s a push-and-pull that exists.”
In an email, the Association County Commissioners of Georgia Executive Director Dave Wills said it “is very clear” that only the county’s governing authority, in most cases the Board of Commissioners, is allowed to make budgetary decisions.
“No constitutional officer or appointed county official has authority to set his or her own budget. Such officers should be consulted about their budgetary needs, but members of Board of Commissioners then must exercise discretion when establishing the annual budget for all county offices and functions,” Wills said.
Budgetary disputes are often resolved without resorting to lawsuits, he said.
Gilmer County Sheriff Stacy Nicholson, president of the Constitutional Officers Association of Georgia, said the association is not involved in any of the individual lawsuits.
In Gilmer County, Nicholson, who has been sheriff for more than two decades, said the county commission approves the yearly budget and then he is allowed to use the money as he sees fit. He says all constitutional officers should have control of their budget.
“Once my budget is set, I never even talked to my board of commissioners, unless it’s in passing or little nuances come up throughout the year,” Nicholson said. “Once my budget is set, I spend it as I choose to spend it.”
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