The Burke County Board of Commissioners spent the meeting addressing a request from the sheriff’s office for funds to cover a payroll shortfall and a separate written request from the sheriff seeking court action to block the county’s 2026 proposed budget. The sheriff was not present at the meeting.
Chairman and commissioners read an emailed request from the sheriff asking the county attorney’s office to file a motion for a temporary restraining order and/or preliminary injunction to prevent the board from passing the 2026 budget, which the sheriff said did not provide a reasonable operating budget for his office. Adam Nelson, county attorney, explained that Georgia law allows a constitutional officer to bring such claims; if the county attorney is conflicted, the chief judge of the superior court can appoint counsel. The county has historically allowed the sheriff to hire conflict counsel at the county attorney’s rate to avoid that appointment process.
Commissioners reviewed a list of sheriff’s office expenditures they said contributed to the shortfall. Specific items mentioned during discussion included plaques ($500), a mural in a sheriff’s office ($3,221), vehicle repairs (about $101,000), a contract for IT and cybersecurity services ($123,000), and personnel additions the board did not previously budget for — cited amounts included a chief of staff position ($91,000), a public information officer (about $40,000, partially paid), and an IT specialist ($85,000). Commissioners said those line items — and other conference, travel and hotel expenses cited in the meeting — accounted for roughly $450,000 that could have reduced the projected shortfall. The county manager reported payroll runs roughly $284,000 per payroll and that current balances would cover only a few days of sheriff’s department payroll.
Commissioners expressed frustration about repeated budget overruns by the sheriff’s office. Some urged fiscal consequences for what they described as duplication of services, travel and nonessential purchases; others cautioned that, under Georgia law, the board’s formal options are to provide additional funds or to set the next fiscal year’s allocation, but the constitutional officer controls deployment of the funds once allocated.
After discussion, Commissioner Kelly moved and Commissioner Liley seconded a motion to allow the sheriff to hire an attorney at the county attorney’s hourly rate to bring the claims he has announced. The motion passed on an all‑in‑favor voice vote. Nelson said that if the board had not approved that course, the sheriff could seek a superior court order to obtain conflict counsel, a process the county has used in prior years; allowing the sheriff to hire counsel at county rates is the board’s way to avoid the additional cost of the court appointment.
The board did not approve a separate transfer of funds at the meeting to cover the sheriff’s immediate payroll shortfall. Commissioners discussed options — including deferring nonpayroll bills into the next fiscal year or authorizing payroll‑only payments while suspending other expenditures — and noted accounting and auditing rules that would charge invoices to the fiscal year of the invoice date. No formal vote on payroll funding or bill suspension was recorded.