On Sept. 7, we received three emailed responses from the OIG on the complaints we filed the day before. Two of them, presumably for the two sheriffs (the responses did not include complaint numbers), told me to contact the Georgia Dept. of Corrections for an investigation of the violation of state law by the the sheriffs. It is my understanding that Georgia sheriffs hold independent, constitutional, executive branch offices.
The third reply, apparently to the complaint against Kemp, says he may see an investigation.
I paste the OIG responses to the Kemp complaint below and below that the OIG response letter to the sheriff-related complaints then the letter I sent back to them today asking for reconsideration on the response regarding the sheriffs:
Response from OIG to the complaint against Kemp (I assume):
“Thank you for contacting the Office of the State Inspector General (OIG). This email acknowledges receipt of your complaint sent on September 6, 2022. Pursuant to Executive Order 01.13.03.02, the duties of the OIG include the investigation of fraud, waste, abuse, and corruption in the executive branch. Allegations involving county government matters, private industry concerns, personnel/management issues, and local law enforcement agencies typically fall outside our jurisdiction.
OIG will review your complaint to determine whether sufficient grounds exist to open an investigation. If so, we will contact you. Thank you.
Office of the State Inspector General
State of Georgia”
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OIG response to complaints against the sheriffs:
“Thank you for contacting the Office of the State Inspector General (OIG). This email acknowledges receipt of your complaint sent on September 6, 2022. Pursuant to Executive Order 01.13.03.02, the duties of the OIG include the investigation of fraud, waste, abuse, and corruption in the executive branch. Allegations involving county government matters, private industry concerns, personnel/management issues, and local law enforcement agencies typically fall outside our jurisdiction.
After reviewing your complaint, OIG does not believe this matter would fall under our jurisdiction. However, below is the website link to the Department of Corrections (DOC). DOC – Internal Affairs is the best agency to assist in this matter. Thank you.”
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My reply:
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September 9, 2022
The Honorable Mr. Scott McAfee
Inspector General, Georgia
2 Martin Luther King, Jr. Drive SW,
1102 West Tower
Atlanta, GA 30334Re; Sept. 7, 2022 response from your office to my complaints filed against two Georgia sheriffs
Complaint #ED7975F150 & Complaint #D06D828771
Dear Mr. McAfee,
After more than a year of collecting responses to public records requests, media coverage and verified information on the public admissions of two Georgia sheriffs to violation of state law (OCGA 42-4-14), I filed complaints with your office in hopes of an enthusiastic investigation. I was quite surprised to receive responses suggesting that my allegations somehow fall outside of your jurisdiction. I paste that reply in full below:
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“Thank you for contacting the Office of the State Inspector General (OIG). This email acknowledges receipt of your complaint sent on September 6, 2022. Pursuant to Executive Order 01.13.03.02, the duties of the OIG include the investigation of fraud, waste, abuse, and corruption in the executive branch. Allegations involving county government matters, private industry concerns, personnel/management issues, and local law enforcement agencies typically fall outside our jurisdiction.
After reviewing your complaint, OIG does not believe this matter would fall under our jurisdiction. However, below is the website link to the Department of Corrections (DOC). DOC – Internal Affairs is the best agency to assist in this matter. Thank you.”
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Gwinnett Sheriff Keybo Taylor and Cobb Sheriff Craig Owens operate within the executive branch of government. I respectfully submit an opinion (Unofficial Opinion U2018-3 OCTOBER 11, 2018) from the Attorney General’s office on that matter which reads in part: “A review of the statutory duties of a sheriff makes clear that both the sheriff and his or her deputies, which are authorized and appointed pursuant to O.C.G.A. § 15‑16‑23, are performing executive, and to some extent, judicial state functions.[1]…”
The explanation of your duties and jurisdiction (“what we do”) displayed on the official OIG website reads: “The State of Georgia Office of the Inspector General promotes transparency and accountability in state government. OIG diligently investigates fraud, waste, abuse, and corruption in the executive branch. We work to promote effective controls, improve agency policies and procedures, and identify opportunities for efficiency.”
“The office of the Sheriff in Georgia is considered to be both a constitutional and county office. The constitutionality of the office stems from the common law, from the constitutional provisions extended to certain offices in existence when the first Georgia constitution was ratified, and because the Sheriff is listed in the Georgia Constitution of 1983 as one of four independently elected county officers” (Hart County Sheriff’s Office).
I respectfully urge you to reconsider the premise presented in your reply to my request that I approach the Dept. of Corrections for an investigation or that DOC somehow has any jurisdiction over the sheriffs or power to investigate their violation of state law in this scenario.
I am in hopes the reply was sent without your input or direct knowledge by an inexperienced staffer.
Please regard this letter as my request for reconsideration of my original request for an investigation and a follow-up response from your office. I am posting all correspondence on this matter for public education.
Please feel free to contact me for any questions.
Thank you,
D.A. King
President, the Dustin Inman Society (NewDustinInmanSociety.org)
Proprietor, ImmigrationPolitcsGA.com
Marietta, GA. 30066
404-***-****
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