SOP 101.05: General Legal and Administrative Services

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: General Legal and Administrative Services|Policy Name: General Legal and Administrative Services|Policy Name: General Legal and Administrative Services|
|Policy Number: 101.05|Effective Date: 11/07/2023|Page Number: 1 of 4|
|Authority:
Commissioner
|Originating Division:
Executive Division
(Legal Services)|Access Listing:
Level I: All Access
|

I. Introduction and Summary:

To coordinate the legal needs of the Department of Corrections.

II. Authority:

ACA Standards: 2-CO-1A-28, 1-CTA-1A-16, 5-ACI-1A-23, and 4-ALDF-7A-02.

III. Definitions: None.

IV. Statement of Policy and Applicable Procedures:

The coordination of the legal needs of the Department of Corrections is the immediate
responsibility of the General Counsel.

A. Legal Inquiries - Attorney General's Liaison.

1. Legal Inquiries. The General Counsel responds to questions within the agency

regarding legal issues and seeks guidance from the appropriate division of the
Department of Law when such assistance is indicated.

2. Requests for Formal Attorney General Opinions.

a. The requesting Division Director will confer with the General Counsel to

determine if an opinion is needed. Upon such a determination, the General
Counsel will forward a written request to the Commissioner presenting the
facts and issues to be addressed along with a proposed draft letter.

b. Should the Commissioner decide to request a formal Attorney General's

opinion, the General Counsel will forward the request to the Attorney
General and monitor the status of the opinion.

3. Litigation Affecting the Department of Corrections. The General Counsel will

confer with the Commissioner, or his designee, to keep the Commissioner

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: General Legal and Administrative Services|Policy Name: General Legal and Administrative Services|Policy Name: General Legal and Administrative Services|
|Policy Number: 101.05|Effective Date: 11/07/2023|Page Number: 1 of 4|
|Authority:
Commissioner
|Originating Division:
Executive Division
(Legal Services)|Access Listing:
Level I: All Access
|

informed as to the status of significant litigation. A log of all Complaints shall
be maintained in the Office of Legal Services.

4. Requests for Representation. Any employee served with a Complaint shall

immediately notify his/her supervisor, complete a Request for Representation
(“RFR”) form (See Attachment 1), and forward the original Complaint and
RFR to the Office of Legal Services. Habeas petitions do not require copies to
be forwarded, as forwarding the original habeas petition to the Office of Legal
Services is sufficient. The Office of Legal Services will log the Complaint and
forward the original to the Department of Law. A copy shall be maintained in
the Office of Legal Services.

5. The original Complaint should be sent to the Office of Legal Services within

24 hours of receipt along with a RFR form completed by the named
employee(s). The Office of Legal Services will in turn present the RFR to the
State Law Department on behalf of the employee.

a. When a Complaint is sent to the Office of Legal Services, the named

employee must indicate the manner in which the Complaint was received;
either by regular mail, certified mail, or personal delivery. The exact date
of receipt must also be indicated. When Complaints received by mail are
sent to the Office of Legal Services, the original envelope MUST be
included.

b. If the Complaint is received by mail and the named employee has

transferred, retired, or no longer works at the facility/center/office, a
reasonable attempt should be made to locate the named employee. If
located, the named employee should be given a copy of the Complaint,
instructed to immediately complete an RFR form, and contact the Office
of Legal Services if he or she has any questions.

c. If the named person is still a Department employee, the employee should

be given a copy of the Complaint, instructed to immediately complete an

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: General Legal and Administrative Services|Policy Name: General Legal and Administrative Services|Policy Name: General Legal and Administrative Services|
|Policy Number: 101.05|Effective Date: 11/07/2023|Page Number: 1 of 4|
|Authority:
Commissioner
|Originating Division:
Executive Division
(Legal Services)|Access Listing:
Level I: All Access
|

RFR form, and forward both to the Office of Legal Services along with any
questions.

d. If the named employee cannot be located within the Department or the

community, the Complaint Received/Addressee Not at this Address form
(see Attachment 2) should be completed and mailed along with the
Complaint to the Office of Legal Services.

e. Personal Service of Complaints naming persons who are no longer with the

Department should NOT be accepted, unless it is a Habeas action. A
Habeas action should be accepted and processed as if it is against the
present warden. Habeas actions should NOT be forwarded to the
facility/center/office where the named Warden may have been transferred.

f. No acknowledgement or waiver of service should ever be signed at the

facility or mailed to the court. The AG’s Office will waive service when
appropriate. The forms should be mailed to the Office of Legal Services
with the Complaint. Employees should contact the Office of Legal
Services if they have questions regarding case status.

B. LIABILITY COVERAGE FOR EMPLOYEES. Employees of the Department of

Corrections are provided with certain liability insurance protection against claims
for bodily injury, property damage, or personal injury to another resulting from a
job related occurrence when acting in good faith and within the scope of their
official duties. This insurance does not cover automobile liability or workers’
compensation claims, which are handled separately.

1. If an event occurs which may result in a claim, the employee will immediately

report the event to the unit supervisor and Field Operations Manager via a
written Incident Report. The report will contain as much information as
possible regarding what happened, the persons affected, and the nature of
damages, if known.

|GEORGIA DEPARTMENT OF CORRECTIONS
Standard Operating Procedures|Col2|Col3|
|---|---|---|
|Policy Name: General Legal and Administrative Services|Policy Name: General Legal and Administrative Services|Policy Name: General Legal and Administrative Services|
|Policy Number: 101.05|Effective Date: 11/07/2023|Page Number: 1 of 4|
|Authority:
Commissioner
|Originating Division:
Executive Division
(Legal Services)|Access Listing:
Level I: All Access
|

2. If a claim is made or suit is filed against any employee, the procedure to be

followed is identified under "Requests for Representation" in this SOP. The
employee shall cooperate with the DOAS/Fund, the GDC Office of Legal
Services, and the State Attorney General's Office, as well as any representative
thereof, shall attend hearings and trials as requested, and shall assist in
effecting settlement and obtaining attendance of witnesses.

3. The failure of an employee to cooperate with the DOAS/Fund or the Attorney

General shall terminate the DOAS/Fund's liability under these policies. The
decision to settle a claim, prior to any action at law or suit in equity, shall be
the responsibility of the DOAS/Fund or its representative.

4. Questions regarding this process may be directed to the Office of Legal

Services, P.O. Box 1529, Forsyth, Georgia 31029, Phone (478) 992-5240.

V. Attachments:

Attachment 1: Request for Representation.
Attachment 2: Complaint Received - Addressee not at this Address.

VI. Record Retention of Forms Relevant to this Policy:

Upon completion, a copy will be placed in the GDC Case Litigation File, and a copy
will be forwarded to the Attorney General's Office.