The ongoing conflict between the Richmond County Sheriff’s Office and Augusta hoteliers remains at a standstill despite extensive discussion at a Tuesday committee meeting.
Laura Lee Blake, president and CEO of the Asian-American Hotel Owners Association, told Augusta commissioners that the court case cited by law enforcement – Efficiency Lodge Inc. v. Neason – in refusing to assist with the eviction of nonpaying residents “does not apply to the situation here in Augusta.”
She suggested the commission enact a local hotel ordinance as cities such as Morrow, Ga., have to clarify the relationship between innkeeper and guest and what’s expected of each.
“By having the law on the books giving them authority to enforce the provisions of the city ordinance, that might be a step forward. At least they would understand they had the authority to do so,” she said.
Commissioner Bobby Williams responded with the Augusta refrain of the commission being unable to tell the sheriff what to do.
“We cannot tell the sheriff what to do,” he said. “So unless the state law has changed, there’s really not much we can do until that changes.”
General Counsel Wayne Brown added that the sheriff has discretion to act on an ordinance or not, “according to his interpretation of the law along with his advice from counsel.”
Declining to enforce the ordinance “would be the same as if the sheriff does not arrest someone that they see speeding,” Brown said.
Arriving later for the discussion, Maj. Gerald Metzler with the sheriff’s road patrol said for nearly two years, the sheriff’s office considered hotel guests of more than 2-3 days as tenants protected by landlord-tenant law and declined to participate in removing them.
“A county ordinance, I don’t have a problem with that. It would probably make it easier for us. We wouldn’t have to send them to get a warrant. We can actually just write a ticket and send it to magistrate court,” Metzler said. ‘The big picture is our jail is overcrowded.”
Commissioner Alvin Mason added that the hotel owners continue to collect hotel-motel taxes and fees, despite receiving little in return. “It’s hard to do that, for something they’re not receiving,” Mason said.
Ryan Cox, attorney for hotelier Andy Sharma, noted the title of the agenda item, “transient occupant confusion.” Cox said writing tickets probably won’t fix the problem.
“What we have here are hoteliers who are operating legitimate businesses and trying to enforce their property rights; their constitutional rights,” he said. “They call the sheriff’s office when they need help, and because of this vagueness in the law, the sheriff’s office is easily able to make a determination that ‘our jail is full’ and so ‘we can’t do anything about this.’”
In other action, Engineering Services tabled approval of a consistency letter from Engineering and Environmental Services Director Hameed Malik needed for a south Augusta biomass proposal to move forward. Representing Renovatio Solutions, attorney Ben McElreath said the business will meet with nearby residents, including the congregation of Spirit Creek Baptist Church.
Rev. Ellis Godbee Jr., senior pastor of the church, said the congregation is concerned about how the technology could impact their health and that of nearby species, as well as its impact on nearby Augusta Regional Airport.
“What I am an expert on is the number of members of my church that I have to visit in the hospital,” Godbee said.
The committee also heard a proposal from Malik to increase garbage fees to $376.
Administrative Services postponed a bid award to Developmental Associates LLC, a headhunting firm, to assist with the search for a new administrator after some commissioners questioned the role of former Administrator Janice Allen Jackson with the business.
