Augusta’s chief judge is warning that holiday bonuses sought by a lower judge may constitute a gratuity forbidden by the Georgia Constitution.
Chief Judge Daniel J. Craig sent a letter Monday to Mayor Garnett Johnson warning that bonuses sought by Chief Civil and Magistrate Judge Carletta Sims Brown for staff members would likely violate the gratuities clause.
The letter, obtained by The Augusta Press, was copied to commissioners, Interim Administrator Takiyah Douse, Finance Director Donna Williams and General Counsel Wayne Brown. Brown, the city’s top lawyer, is the husband of Sims Brown.
“Gratuities” are the payment of public funds without expecting something of value in return, such as extra work, hazard work or meeting goals, Craig wrote.
“One of the most fundamental tenets of constitutional law is the prohibition of the payment of gratuities from public funds,” he said.
That means employees must be paid periodically based on the terms of their employment and receive nothing more, he said.
Even so-called “longevity bonuses” require an employee’s express agreement to provide future services in the established manner, he said.
The letter arrives a few days after the commission haggled to pass a 1% budget cut for 2024, although some commissioners said the cut wasn’t needed. The reduction is supposed to impact most departments except those that already cut their budgets.
Craig said it doesn’t matter that Sims Brown is an elected official whose department was allocated the funds.
She can be held personally liable for the bonuses, while employees not given bonuses when others are can take their different treatment to the courts, he said.
“The public funds do not lose their identity as public funds when they are allocated/earmarked for a department of the local government,” he said.
Giving a prohibited gratuity carries a “multitude of potential liabilities,” Craig said. “An elected official who causes such payments to be made can be held personally liable to such disbursements.”
A seasoned lawyer, Sims Brown first made the Augusta bench when she was appointed by Gov. Brian Kemp in 2021. She did not return an email seeking comment.
Sims Brown fended off a 2022 election challenge by Augusta lawyer Katrell Nash and reported having $88,354 still on hand in July.
Civil and Magistrate Court hears civil disputes over smaller amounts, ordinance violations and initial appearance hearings in felony arrests.
Susan McCord is a staff writer with The Augusta Press. Reach her at susan@theaugustapress.com
