2021 Georgia Code
Title 15 - Courts
Chapter 16 - Sheriffs
Article 1 - General Provisions
§ 15-16-20. Minimum Annual Salary; Increase; Operating Expenses

1. 1. Any other law to the contrary notwithstanding, the minimum annual salary of each sheriff in this state shall be fixed according to the population of the county in which he or she serves, as determined by the United States decennial census of 2010 or any future such census; provided, however, that such annual salary shall be recalculated in any year following a census year in which the Department of Community Affairs publishes a census estimate for the county prior to July 1 in such year that is higher than the immediately preceding decennial census. Except as otherwise provided in paragraph (2) of this subsection, each such sheriff shall receive an annual salary, payable in equal monthly installments from the funds of the sheriff's county, of not less than the amount fixed in the following schedule:
   2. 1. Whenever the state employees subject to compensation plans authorized and approved in accordance with Code Section 45-20-4 receive a cost-of-living increase or general performance based increase of a certain percentage or a certain amount, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection and in Code Section 15-16-20.1, or the amounts derived by increasing each of said amounts through the application of longevity increases pursuant to subsection (b) of this Code section, where applicable, shall be increased by the same percentage or same amount applicable to such state employees. If the cost-of-living increase or general performance based increase received by state employees is in different percentages or different amounts as to certain categories of employees, the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, shall be increased by a percentage or an amount not to exceed the average percentage or average amount of the general increase in salary granted to the state employees. The Office of Planning and Budget shall calculate the average percentage increase or average amount increase when necessary. The periodic changes in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the first day of January following the date that the cost-of-living increases received by state employees become effective; provided, however, that if the cost-of-living increases or general performance based increases received by state employees become effective on January 1, such periodic changes in the amounts fixed in the minimum salary schedule in paragraph (1) of this subsection, and in Code Section 15-16-20.1, or the amounts derived through the application of longevity increases, as authorized by this paragraph shall become effective on the same date that the cost-of-living increases or general performance based increases received by state employees become effective.
      2. The amounts fixed in the minimum salary schedule in this subsection shall not be increased by any state cost-of-living or general performance based increases that have been applied or are effective prior to January 1, 2020. Any state cost-of-living or general performance based increases effective on or after January 1, 2020, shall be calculated as provided in this Code section.
   3. The county governing authority may supplement the minimum annual salary of the sheriff in such amount as it may fix from time to time; but no sheriff's compensation supplement shall be decreased during any term of office. Any prior expenditure of county funds to supplement the sheriff's salary in the manner authorized by this paragraph is ratified and confirmed. Nothing contained in this paragraph shall prohibit the General Assembly by local law from supplementing the annual salary of the sheriff.
2. The amounts provided in paragraph (1) of subsection (a) of this Code section andCode Section 15-16-20.1, as increased by paragraph (2) of subsection (a) of this Code section, shall be increased by multiplying said amounts by the percentage which equals 5 percent times the number of completed four-year terms of office served by any sheriff after December 31, 1976, effective the first day of January following the completion of each such period of service.
3. The minimum salaries provided for in this Code section shall be considered as salary only.Expenses for deputies, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a sheriff's office shall come from funds other than the funds specified as salary in this Code section.
4. This Code section shall not be construed to reduce the salary of any sheriff in office on July 1, 1991; provided, however, that successors to such sheriffs in office on July 1, 1991, shall be governed by the provisions of this Code section.All local legislation in effect on July 1, 1971, or enacted thereafter affecting compensation for sheriffs of the various counties shall be of full force and effect except where the same provides for a salary lower than provided in this Code section, in which event this Code section shall prevail.
5. In addition to any salary or fees now or hereafter provided by law, the governing authority of each county is authorized to provide, as an operating expense of the sheriff's office and payable from county funds, a monthly vehicle allowance to the sheriff of that county when the sheriff's personally owned vehicle is used in the carrying out of the duties of the sheriff's office.If a vehicle allowance is so provided, it shall be in an amount determined by agreement among the budget officer of the county, as provided in Chapter 81 of Title 36, the county governing authority, and the sheriff.

Population Minimum Salary ---------- -------------- 0 - 5,999 $ 50,132.72 6,000 - 11,889 55,952.37 11,890 - 19,999 64,255.19 20,000 - 28,999 70,753.11 29,000 - 38,999 77,294.36 39,000 - 49,999 83,750.51 50,000 - 74,999 90,246.74 75,000 - 99,999 93,314.37 100,000 - 149,999 96,381.99 150,000 - 199,999 99,812.27 200,000 - 249,999 103,266.39 250,000 - 299,999 113,005.67 300,000 - 399,999 126,199.09 400,000 - 499,999 131,099.43 500,000 or more 136,011.72

(Ga. L. 1971, p. 380, § 1; Ga. L. 1975, p. 521, § 1; Ga. L. 1979, p. 1248, § 1; Ga. L. 1980, p. 550, § 1; Ga. L. 1982, p. 1267, §§ 1-3; Ga. L. 1984, p. 519, § 1; Ga. L. 1984, p. 783, § 1; Ga. L. 1985, p. 430, § 1; Ga. L. 1986, p. 837, § 1; Ga. L. 1987, p. 440, § 2; Ga. L. 1988, p. 931, § 3; Ga. L. 1989, p. 801, § 3; Ga. L. 1992, p. 1478, § 6; Ga. L. 1994, p. 620, § 5; Ga. L. 1998, p. 1159, § 14; Ga. L. 2001, p. 902, § 12; Ga. L. 2006, p. 568, § 8/SB 450; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-16/HB 642; Ga. L. 2019, p. 1015, § 6/SB 171; Ga. L. 2020, p. 526, § 3/SB 295; Ga. L. 2021, p. 75, § 1/HB 129.)

The 2019 amendment, effective January 1, 2021, substituted "2010" for "2000" in the first sentence of paragraph (a)(1); modified the salary amounts in the minimum salary schedule in paragraph (a)(1); designated the existing provisions of paragraph (a)(2) as subparagraph (a)(2)(A); deleted "the amounts fixed in" following "The periodic changes in" at the beginning of the fourth sentence of subparagraph (a)(2)(A); and added subparagraph (a)(2)(B).

The 2020 amendment, effective January 1, 2021, rewrote subparagraph (a)(2)(B), which read: "Any cost-of-living or general performance-based increases that have been applied prior to January 1, 2021, shall cease to be applied. Effective January 1, 2021, any new cost-of-living or general performance-based increases shall be calculated as provided in this Code section."

The 2021 amendment, effective April 1, 2021, substituted "83,750.51" for "79,762.39" in the minimum salary schedule in paragraph (a)(1).

- Pursuant to Code Section 28-9-5, in 1988, "become effective" was substituted for "becomes effective" at the end of paragraph (a)(2).

Pursuant to Code Section 28-9-5, in 2020, paragraph (2) in the enrolled Act was changed to subparagraph (a)(2)(B) designation.

- Ga. L. 1988, p. 931, § 5, not codified by the General Assembly, provided that this Code section applied to cost-of-living adjustments received by employees in the classified service of the state merit system after April 5, 1988.

Ga. 2019, p. 1015, § 6/SB 171, which amended this Code section, purported to amend all of subsection (a) in the directory language but failed to set out paragraph (a)(3).

Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: "Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act." This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: "Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90."

Cited in Manders v. Lee, 338 F.3d 1304 (11th Cir. 2003).

OPINIONS OF THE ATTORNEY GENERAL

Effect of cost-of-living increases adopted by State Personnel Board for fiscal year 1989-1990.

- Cost-of-living increases for sheriffs, probate judges, clerks of superior court, tax collectors, and tax commissioners adopted by the State Personnel Board for fiscal year 1989-1990 should take the same form as the corresponding cost-of-living increases for classified employees of the Merit System so that those salaries less than $18,000 in the schedules for sheriff, clerk, probate judge, tax collector, and tax commissioner would be increased $450, the rest 21/2 percent. 1989 Op. Att'y Gen. 89-33.

Salary of a sheriff may be supplemented by the General Assembly through local law or by the board of commissioners when the board has been delegated that authority through local law enacted by the General Assembly. 1997 Op. Att'y Gen. No. U97-19.

- This section does not mandate the actual salary except if the prescribed minimum exceeds the salary which would otherwise be paid. 1977 Op. Att'y Gen. No. U77-2.

- This section entitles sheriffs who complete a full four-year term of office to a 5 percent salary increase. 1975 Op. Att'y Gen. No. U75-47.

Sheriff who served from 1967-1973 is not entitled to a longevity increase upon reassuming office on January 1, 1981. 1982 Op. Att'y Gen. No. U82-8.

- Sheriff of Chatham County became entitled to an annual salary of $36,336.30 on July 1, 1983, and absent a change in the law will become entitled to an annual salary of $38,153.12 on January 1, 1985. 1983 Op. Att'y Gen. No. U83-74.

- County sheriff is entitled to a 5 percent increase in the sheriff's compensation at the completion of each term of office; however, this section makes no provision for an increase at the end of any term the duration of which is less than four years. 1974 Op. Att'y Gen. No. U74-19.

- Language used in Ga. L. 1964, p. 310, § 1 (see now O.C.G.A. § 15-16-19) is "sheriffs of the various counties," and was intended to relate solely to sheriffs of the superior courts, and was not intended to affect sheriffs of the various city courts in the state. 1963-65 Op. Att'y Gen. p. 611.

RESEARCH REFERENCES

Am. Jur. 2d.

- 70 Am. Jur. 2d, Sheriffs, Police, and Constables, § 40 et seq.

- 80 C.J.S., Sheriffs and Constables, § 256.