Naming North Augustan to seat might be illegal
By Walter C. Jones| Morris News Service
Friday, September 22, 2006

ATLANTA - Gov. Sonny Perdue's appointment this week of a South Carolina resident to serve on a Georgia board might violate state law.

Mr. Perdue announced Tuesday that he was naming Kathy Rogers, of North Augusta, to a newly created seat on the Sex Offender Registry Review Board. It's an unpaid position on a panel that will decide whether convicted sex offenders due for release are a serious threat to commit another sexual crime.

Ms. Rogers is a well-regarded victims-assistant expert in Georgia for the Augusta Judicial Circuit who was recommended by District Attorney Danny Craig.

"Kathy's a very dedicated public servant," he said. "Having spent her entire career in service to Georgians, I was not surprised that she was chosen to serve on this important, though unpaid, board."

The hitch is that Georgia law states, "All officers of this state shall reside in this state ..."

Some legal experts have interpreted that to include appointees because they have power to act on behalf of the state, the state defends them in lawsuits over official matters and appointees must file annual financial-disclosure documents to reveal any potential conflicts of interest.

The law isn't that straightforward at all, says Heather Hedrick, the governor's press secretary.

"It all comes down to a question of 'civil officer.' It's unclear if that term applies to these positions," she said. "... A long-established tenet in Georgia law is the presumption of eligibility.

"It would be very unfortunate," Ms. Hedrick said, "if Ms. Rogers couldn't offer her expertise to this program because she lives two miles over the state line."

Reach Walter Jones at (404) 589-8424 or walter.jones@morris.com.

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