Use-Of-Force, Hate Crime Ordinances Approved By Fulton Officials

FULTON COUNTY, GA — Fulton County officials have approved two separate ordinances on police conduct as well as hate crime legislation.

At its meeting Wednesday, Fulton County commissioners approved legislation requiring officers working for three Fulton County law enforcement agencies — Fulton County Police, Fulton County Marshals, and the Fulton County Sheriff’s Office — to avoid the use of neck restraints of suspects and deadly force against suspects. The legislation also calls on officers to report incidents of police misconduct they witness. The ordinances were sponsored by Fulton County Commission Vice Chairman Marvin S. Arrington Jr. and co-sponsored by Commissioners Natalie Hall, Bob Ellis and Joe Carn.

“Recent events in our nation as well as right here in our community have highlighted the need to provide clear guidelines to our officers about the behavior we expect from them during the course of their jobs,” said Arrington, District 5 commissioner. “While we need police to protect and defend our communities, we also insist upon accountability on those who take the oath to protect and serve.”

The legislation regarding the use of deadly force calls on Fulton County’s chief of police, sheriff, and marshal to reinforce and create policies, training, practices and a culture that support the de-escalation of the use of force. Officers are asked to modify their levels of force in relation to the amount of resistance offered by suspects. The legislation goes on to suggest that “the use of deadly force be limited to only those situations where a suspect has committed or is in the process of committing a felony involving the infliction or threatened infliction of serious physical injury or death; and the escape of the suspect would pose an imminent danger of death or serious physical injury to the officer or to another person.”

The same three Fulton County agencies are also urged to refrain from use of neck restraints (or “chokeholds”) to subdue criminal suspects. Incidents of the use of this technique by these agencies would be thoroughly investigated and, if they violate the letter or spirit of the law, would result in punishment up to and including termination of employment, recommendation of loss of law enforcement certification, and reporting of potential criminal activity to the Fulton County District Attorney. None of these three Fulton County agencies had a policy on chokeholds prior to this legislation.

Fulton County law enforcement agencies are also encouraged by the Board of Commissioners to report “each and every incident of potential misconduct, including but not limited to the use of excessive force and the potential violation of any law to their superior officers as soon as possible.”

The legislation also seeks to encourage cities in Fulton County to adopt similar measures regarding the actions of their law enforcement officers and calls on the Georgia General Assembly to enact laws dealing with deadly force, neck restraints and police misconduct.

Also at its meeting Wednesday, Fulton County commissioners unanimously approved legislation to establish penalties for hate crimes. The ordinance, sponsored by Ellis, calls for criminals who target victims based on race, color, creed, age, religion, ancestry, gender, sexual orientation, physical or mental disability, or national origin to face up to 60 days in jail and up to a $1,000 fine. The measure was co-sponsored by Hall, Carn and Arrington.

“Fulton County is a very diverse county, and that diversity represents our strength, and it is well-documented that hate crimes can have a heavy, negative impact on communities,” Ellis said. “As such, they deserve higher attention and penalties, and while the state of Georgia is presently discussing passage of hate crimes legislation, and I am hopeful that this passes soon. But counties and municipalities have an important opportunity to also lend their voice and take action with specific ordinances of their own.”

A hate crime is an offense such as disorderly conduct or vandalism with an added element of bias or prejudice, causing it to inflict greater individual or societal harm. The hate crimes legislation would be enforced in the unincorporated area of Fulton County. Ellis said the legislation closely mirrors an earlier ordinance passed by the city of Sandy Springs.

Commissioners unanimously backed the measure in hopes that other counties and municipalities will follow suit and consider passage of comparable ordinances. The legislation also calls on the Fulton County Police Department to collect data concerning the commission of hate crimes and provide that information to the Federal Bureau of Investigation.