Fayette County jailers refused

to accept a prisoner charged with DUI Sunday who had been arrested by

a Fayette County marshal.

The snub was directed at the

county's marshals office, which Fayette County Sheriff Randall Johnson

contends is not a legally-operating traffic law enforcement agency. Johnson,

who operates the jail as part of the sheriff's department, is at

odds with the Fayette County Commission, which operates the marshal's

office.

County Commission Chairman

Greg Dunn contends the marshals office is on firm legal ground; he noted

the irony of the county having a new jail but having a prisoner turned

away despite the availability of space.

Despite their differences,

Johnson and Dunn agreed on one thing Monday: a need for a quick resolution

to the dispute. The matter has been up in the air since August when Johnson

indicated he would no longer accept state law violators from the marshal's

office; since then Dunn contends the marshals have arrested one person

who was wanted in another state and the jail agreed to house the prisoner.

At that point, county officials

thought the dispute had been put to rest, Dunn said.

The marshals office consists

of Georgia-certified police officers whose primary duties are to provide

security for county facilities and enforcing county ordinances, the county

contends. Because they are sworn police officers, they sometimes must

make arrests based on traffic offenses they witness, Dunn said.

"In my mind, we're

putting our marshals in a very life-threatening situation," Dunn

said of the sheriff's refusal to house prisoners from the marshals

office. "What if you had a 300-pound thug they are dealing with?

We've got to have a solution to this."

Dunn contends the marshals

office is operating legally and has always been a county police force

since it was grandfathered by a 1992 state law.

Johnson views the law differently,

saying it requires the county to hold a referendum so voters can determine

whether or not a county police department is necessary. If the marshals

aren't authorized to make arrests, the sheriff's department

could be sued for housing those prisoners, Johnson said.

"If they're right,

they're right, but if they're wrong I want it sorted out,"

Johnson said. The sheriff added that former commissioners he has spoken

to have said the marshals department was not intended to operate as a

police department when it was originally created.

Dunn said he tried to meet

with Sheriff Johnson Monday to discuss the issue, but the sheriff declined,

saying he had to meet with attorneys on the matter first.

The reason the marshals office

was so named was to keep it from being confused with the sheriff's

department, Dunn said.

County officials are saying

the marshals office does little routine traffic enforcement beyond egregious

violations that could endanger other motorists. But Johnson contends the

marshals stepped up their traffic patrols this past weekend, citing confirmed

reports of several motorists who were pulled over by marshal units.

Although the prisoner in Sunday's

DUI case was not combative, not accepting the prisoner at the jail could

endanger the marshals, Dunn said.

The vehicle was pulled over

after a marshal saw it drive through a red light at the intersection of

Ga. Highway 85 and Grady Avenue without attempting to apply its brakes.

While speaking with the driver,

the marshal noticed the odor of alcohol and subsequent tests determined

the motorist was driving under the influence of alcohol, Dunn said.

In addition to being charged

with DUI, the driver was also charged with possession of an open container

of alcohol; The prisoner was later released to her sister and someone

else picked up the motorist's vehicle, Dunn said.

The commission held an emergency

meeting Monday afternoon closed to the public. The board later issued

a news release saying the meeting was "to discuss one potential litigation/legal

matter." It voted 3-1 "to authorize attorney Davenport to proceed

in this matter." Commissioners Dunn, Linda Wells and Herb Frady voted

for the motion. Commissioner A.G. VanLandingham voted against it. Commissioner

Peter Pfeifer was absent.

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