The BURKE COUNTY SHERIFF'S OFFICE,
Sheriff Alfonzo Williams
225 Hwy. 24 South
Waynesboro, GA 30830
ys Phone: "D6 S64 23 Fae 706 543103
July 30, 2021
Merv Waldrop, County Manager and
Burke County Board of Commissioners
602.N. Liberty Street
Waynesboro, Georgia 30830
RE: INTENT TO FILE A MANDAMUS LAWSUIT
Merv,
Lam writing to follow up on a letter dated July 19, 2021, where we expressed grave concerns
over staffing issues related to four deputy sheriff positions for which we were forced to secure
private funding (two years) from Plant Vogtle and other stakeholders. Since acquiring the
funding, we were able to show a positive and marked difference in the number of crashes,
injuries, and fatalities on major roadways leading to Plant Vogtle. If the deputy sheriff
positions are not maintained, the safety of the public, employees, and those in and around the
nuclear facility is in jeopardy.
Additionally, we are concemed about the recent order to cease and desist use of the indoor
multi-purpose room/firing range due to litigation over lead issues. Because of the order, we
lack sufficient space for adequate training of our personnel in intermediate and lethal force
options, Peace Officers Standards and Training (POST), Title 35, mandates these statutory
training requirements, Without the training center and range facilities, we are not able to train
and retain certified deputy sheriffs to provide services required of the Office of Sheriff.
‘The County Commission has a statutory obligation to adopt a budget providing funding and
equipment necessary to assist the Sheriff's Office in performing its official duties. Similarly,
‘once the budget is adopted for an elected constitutional officer, the decision of how to spend
the funds allocated is solely at the discretion of the constitutional officer. For the past four
‘years, the commission, by and through the administrator, has disallowed our office to use
lapsed salaries to fund other areas of the sheriff's office, such as overtime and necessary
equipment.
Subsequent to sending the aforementioned letter, no efforts to address any of the concerns
stated therein or move in a positive direction have been made.
We have sought legal representation with Steve Scheer of Scheer, Montgomery and Call, P.C.
Attorneys at Law of Savannah, Georgia to get relief through writ of mandamus. We are
moving to have the commission refrain from acts that are contrary to public health and safety,
as well as practices that do not reasonably and adequately provide the necessary personnel andequipment to enable the Sheriff's Office to perform its offic
of a public nature and are imperative (not discretionary).
| duties, The duties involve those
I contacted Barry Fleming, the County Attomey on last evening to make him aware of this
matter. After a lengthy conversation, he said he would be in contact with Mr. Scheer on the
next business day.
Summarily, we are seeking an order from Superior Court, to the Burke County Commission,
to correct its abuses of diseretion and fulfill its official duties to adequately fund and equip the
sheriff's office.
In matters of mutual concern, | remain.
sincerely,
Ce: Steve Scheer
Scheer Montgomery and Call, P.C.
Attorneys at Law
Page 2 of 2