Full Notification

The following is the letter sent to the Honorable Governor Brian Kemp today citing that the same law that was used to suspend Sheriff Hill has a time limit provision that has now expired.

September 29, 2021

OFFICE OF THE GOVERNOR

HONORABLE BRIAN P. KEMP

206 Washington Street

Suite 203, State Capital  

Atlanta, Georgia 30334

Honorable Governor Brian P. Kemp,

         On April 19th 2021, in the United States District Court for the Northern District of Georgia, Atlanta Division, Sheriff Victor Hill was indicted on four counts of alleged deprivation of rights charges under the color of law pursuant to 18 U.S.C § 242.

         The indictment was transmitted to your office and a certified copy was received on April 29th, 2021; and an Executive Order was issued on May 19th, 2021, appointing members to the Review Commission.  Based on the recommendation of the Review Commission, Sheriff Victor Hill was suspended at your direction pending the final disposition of the case or until the expiration of his term of office, whichever occurs first. The suspension was made effective June 2nd, 2021 pursuant to O.C.G.A § 45-5-6 (d).

O.C.G.A § 45-5-6 (d) states that the suspension of an indictee is of limited duration, (2) (i) provides that if a public official who is suspended from office under the provisions of this Code section “is not first tried at the next regular or special term following the indictment, the suspension shall be terminated and the public official shall be reinstated to office.”

Since the suspension of Sheriff Victor Hill occurred on June 2nd 2021, hence triggering the code section time clock for the Public Official whose suspension would have ended on September 2nd, 2021, Sheriff Hill should have been reinstated back into office on September 3rd, 2021. Because the continuation of this suspension is not supported by law, and his "suspension" has now expired in excess of twenty-seven (27) days, the only statutory remedy is to reinstate the Sheriff immediately.  

Governor we respectfully request that you exercise your nondiscretionary duty and immediately abide by the provisions in O.C.G.A § 45-5-6 (d) (2) (i), rendering that the: “SUSPENSION of Sheriff Victor Hill SHALL BE TERMINATED and SHALL restore this public official back into Office”.  Thank you in advance for your responsive action to this matter within one business week.

Sincerely   Sincerely  

Matthew A. Tucker, Esq. Alan G. Parker, Esq.