The Atlanta Journal-Constitution
Ruling: Investigation to continue
DeKalb County sheriff contends panel should look at job behavior.
DeKalb County Sheriff Jeffrey Mann’s attempt to halt one of the investigations probing his arrest for exposing himself and fleeing an officer failed in court Wednesday.
Fulton County Superior Court Judge Eric Dunaway ruled against Mann’s writ of prohibition, saying that the three-person committee appointed by Gov. Nathan Deal to investigate the sheriff is not exceeding its jurisdiction.
“They will give a recommendation but it isn’t binding upon the governor,” Dunaway said. “They won’t be handing down any punishment.”
Representing Mann, attorney Noah Pines argued the statute authorizing the committee’s creation only covers alleged misconduct while on the job.
It may have sounded like splitting hairs to some, but for Mann — charged on May 6 with indecency and obstruction for allegedly exposing himself in Piedmont Park — it is an important distinction that could have saved him from a suspension much longer than the one-week punishment he recently gave himself.
The governor could sideline Mann for up to 90 days, order an additional investigation by the Georgia Bureau of Investigation and request that the DeKalb District Attorney initiate proceedings that could remove the sheriff from office.
Noting that the statute’s language is murky, “it would make sense misconduct of office would mean something you’d done in office, in your official capacity as sheriff,” said Pines, citing a definition contained in two Georgia Supreme Court rulings involving sitting judges.
“That would be something he did in the jail or something that happened as sheriff,” Pines said. “Unless you’re given the authority, you don’t have the authority to act.”
Dunaway disagreed but said Pines may have a strong argument to make on due process issues down the road. Pines indicated Wednesday he is likely to appeal Dunaway’s ruling.
Assistant Georgia Attorney General Rebecca Dobras — arguing on behalf of the governor’s committee, composed of her boss, A.G. Chris Carr, Newton County Sheriff Ezell Brown and Peach County Sheriff Terry Deese — said Mann’s alleged misdeeds in Piedmont Park could foreshadow misconduct on the job.
“If someone’s exposing themselves in public then very likely the next step is he’s going to walk around naked in the jail,” she said, arguing that Mann’s arrest
could render him incapable of performing the duties of his office.
Pines said Mann had been accused of violating city ordinances that do not rise to the level of criminality.
“If he’s charged with a misdemeanor, I wouldn’t be here,” Pines told Dunaway.
Mann also is under investigation by the Georgia Peace Officer Standards and Training Council, which could lead to the suspension or revocation of his license. The sheriff said his self-imposed suspension, which falls during the same week he has two court appearances, was not an admission of guilt.
“The mere fact of placing myself in a position to be arrested is sufficient reason for this self-imposed discipline,” Mann wrote in a memo emailed to employees. “I cannot, in good faith, fail to take responsibility for the negative and unwanted criticism brought to this great agency and the county, and I apologize to each of you.”
Mann, first elected by DeKalb voters in 2014, is due back in court Friday for a hearing on the indecency and obstruction charges. He has vowed to clear his name and remain in office.