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Burke County commissioners deny sheriff's $400-an-hour counsel request, authorize independent counsel at county-attorney rate

2165437 · January 29, 2025
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Summary

The Burke County Board of Commissioners voted unanimously to deny Sheriff Alfonso Williams' request to hire private counsel at $400 per hour, acknowledging a conflict for the county attorney and authorizing independent counsel at the county-attorney pay rate under OCGA 45-9-21.

The Burke County Board of Commissioners on Monday evening denied a request from Sheriff Alfonso Williams to hire private counsel at $400 per hour and instead authorized the sheriff to retain independent counsel at the rate paid to the county attorney under state law.

The request was presented as a formal procurement for “dispute representation” under OCGA 45-9-21, the board was told. Colonel Webster, speaking for the sheriff's office, said the sheriff’s January 22 letter outlined six items connected to unresolved differences with the commission and asked the board to “favorably grant our request.”

The board voted on a motion, made by Commissioner Nicks and seconded by Commissioner Lively, to deny the $400-per-hour request, acknowledge a conflict of interest for the county attorney that would prevent county counsel from representing the sheriff against the board, and to allow the sheriff to hire independent counsel “at the rate paid to the county attorney” consistent with OCGA 45-9-21. The motion passed by unanimous voice vote; the transcript records the outcome as “unanimous.”

During the public-comment period, three residents sharply criticized Sheriff Williams' spending and conduct. Bill Hargrove said the sheriff’s public statements and budget practices were “a new low” and that “He owes the citizens of this county an apology.” Nathan Ford told commissioners, “When the sheriff sues the county, he's suing us, the citizens, and more specifically, the taxpayers of Burke County.” William Mizell echoed concerns about the sheriff’s budget and said if the sheriff sues the county he “is going to have to pay the same as the county attorney rate for his attorney.”

Commissioners and staff clarified procedural points on the record. A county representative asked for a formal motion noting that the board had held an executive session in which one litigation matter was discussed; the board recorded that motion before taking the public meeting item. A county speaker confirmed the sheriff’s letter requested hire of attorney Christopher Balk at $400 per hour, and the sheriff’s representative reiterated the letter’s request for independent representation under the cited Georgia statute.

The motion’s text, as stated on the record, denied the sheriff’s request for counsel at $400 per hour, acknowledged the county attorney’s conflict and authorized independent counsel at the county-attorney rate under OCGA 45-9-21, subsection E(2). The transcript does not record a roll-call with named vote tallies; the vote was announced as unanimous.

The board took no further formal action related to funding levels, audits, or specific disciplinary findings during this session. Several members of the public urged the commission to consider the sheriff’s past budget practices and alleged misuse of funds; those allegations were voiced in public comment but were not adjudicated or resolved by the board at this meeting.

The meeting adjourned after the action on the sheriff’s counsel request.