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Run afoul of that HOA, your home could be at risk. And lawmakers know it.
Wanda Cooper poses in front of the Chestnut Hills entrance. (Credit: Wanda Cooper)
Gist
Some state lawmakers are attempting to address homeowner allegations that homeowner associations, better known as HOAs, are terrorizing property owners and in some cases threatening to take away their property.
No fewer than three bills have been introduced in the state Legislature this session to address the often contentious issue of homeowner and HOA rights.
Senate Bill 356, sponsored by Sen. Donzella James, D-Atlanta, would create an ombudsman who would serve as a mediator between dueling homeowners and their HOAs. The bill is currently in the Senate Judiciary Committee.
“This is a big issue because people's homes are being taken from them,” said James, who began hearing complaints about HOAs a decade ago and who has three HOA-related pieces of legislation circulating through the Statehouse. “Also, they’re getting fined enormous amounts [at a time] when taxes have just gone up. Now, mortgage companies are even going up. So with all these costs, we need to put some kind of restrictions on HOAs.”
What’s happening
For Bryant Morris, legislation can’t come too soon.
Morris spent years “sleeping in 18-wheelers and couch-surfing” to save enough money to buy his dream house in 2018: a five-bedroom, four-bath, split-level abode in Covington, complete with a mini golf course in the backyard.
What was supposed to be an idyllic life has turned out to be five years of legal hell for Morris after he asked his homeowners association why his HOA fee was increased, and a few other choice questions: Who was heading the homeowners association? Was the HOA legit? And who voted to raise his annual fees?
Instead of getting answers, the 59-year-old homeowner was slapped with a lien totaling nearly $6,000. For a time, he feared he’d lose his home.
“I’m in my house [in my bed at night] with my pistol on my chest, scared that somebody’s going to kick my damn door in, ready to take me out of my house,” said Morris, whose fears about having his home taken were assuaged after a conversation with county officials.
Morris initially paid his HOA fees when he first moved in but stopped after he was unable to get answers to his questions. He says he repeatedly tried to meet with HOA board members but was told they were “inaccessible and unavailable.” In the end, the association worked out a payment arrangement for Morris to pay off the fees. His final installment is in March.
The whole experience, Morris said, was “very retaliatory” and gave him a glimpse into a legal process that he says has given HOAs unfettered power.
“It literally is going to have to be an entire restructuring of the hierarchy of the power ,” said Morris, who has spent the last five years delving into the inner workings of HOAs in Georgia. “The power needs to be put back in the hands of the homeowners and not in the hands of the investors and developers. This is power out of control.”
The United States is home to an estimated 365,000 community associations. Nearly a third of Americans — some 75.5 million people — live in a homeowner association community, according to the Foundation for Community Association Research. That’s up from about 2.1 million in 1970. New homes that are part of a homeowner association are growing fastest in the southern and western part of the country.
An estimated 2.2 million — roughly 22% — Georgia residents live in an HOA or some other type of community association, according to the Community Association Institute. They pay about $3.8 billion a year toward the upkeep of their communities and nearly 75,000 people serve as volunteer leaders in their community associations. By 2040, community associations are expected to become the most common form of housing in Georgia.
More people are opting for HOAs because they provide amenities like swimming pools, tennis courts and fitness centers. They also reduce homeowner responsibilities such as snow removal and community upkeep.
But increasingly, an ugly side to HOAs has emerged. For example, if an HOA doesn’t have cash reserves to cover expenses, it can impose assessments to come up with the money, according to the Community Association Institute. Historically, many HOAs are underfunded, which has led them to hike dues or seek ineffective outside funding when unexpected costs arise, according to Enterprise Bank & Trust, which suggested HOAs should try to maintain a 70% funded reserve.
Stories about people losing their homes after falling behind on HOA fees — despite being current on their mortgages — abound. In other cases, people have been hit with liens and fees that often mushroom into thousands of dollars.
Real estate broker David Washington specializes in helping people faced with foreclosure to stay in their homes.
“Georgia is a creditor-friendly state,” Washington told the Senate Urban Affairs Committee last September. “The state’s legal code related to rent ‘“is not designed for if life happens,’ ” he said. Even if over a 30-year period a homeowner has a sterling payment history, an HOA does not take costly life events into account the way that some loan companies do, offering forbearance, he noted. “Whether it’s COVID, a car accident, a divorce, a death — if you owe $5,000 to an HOA, they will foreclose on you. And the law allows it.”
That type of homeowner vulnerability prompted James to seek some solutions.
“I've heard of a number of cases where they've taken people's homes,” James told State Affairs. She recalled one couple whose condo was auctioned on the courthouse steps after they racked up a $1,000 lien.
“They were refusing to pay the HOA fees because they were having problems with the water,” recalled James, chair of the Senate Urban Affairs committee, which has held hearings about HOAs over the last year.
It’s been nearly two years since an HOA forced Wanda Cooper out of the Douglas County home she had owned for 15 years.
“My life has not been the same since the HOA did what they did to me,” Cooper told State Affairs. She and her youngest two children have had to move three times since then. She now lives in Carrollton.
The run-in with the HOA was among a series of setbacks Cooper has had in the last five years. Prior to her HOA troubles. Cooper had sold her Douglasville home to investors to get money to enable her to recover from the effects of a botched surgery. As part of the sale, she was allowed to stay in the home and pay rent. But she ended up being hit with a series of fines for parking on the street, overgrown grass, and having a flat tire on her car. She said she even received a $775 bill from the HOA for a towing job that never occurred. The HOA fines wound up totaling $1,501.40 and the organization eventually put a lien on the home, prompting the investors who owned Cooper’s home, to evict her in April 2022. In the midst of all of that, Cooper’s mother who was living with the family during COVID-19, died.
“It turned my life upside down. It's a serious domino effect,” Cooper, a 56-year-old legal researcher, said. “At the time, I had an excellent rental history and a 701 credit score. Now no one is going to want to rent to me, my credit score has plummeted, and on top of that, I'm dealing with depression and I’m still dealing with the loss of my mom.”
Why It Matters
Complaints about HOAs come as Georgia lawmakers are taking up other housing-related matters this legislative session. The General Assembly is considering bills that would create more affordable housing to help the state attract more workers; provide safer, more inhabitable places and rent control for apartment dwellers to live; and better oversight on housing conditions.
“The more attention we're placing in general on housing, the more clear it became that we need … to focus on homeowners and HOAs because we don’t want to see people [put] out of their homes,” said Sen. Sonya Halpern, D-Atlanta, a member of the Urban Affairs Committee.
While other housing issues have garnered more and broader attention, HOAs are an issue in “pockets” of the Legislature.
“There are those of us in the Legislature who are very, very aware of the problems that our constituents are having related to HOAs,” Halpern said. “I don't know if it's kind of an overwhelming issue where all 236 of us in the Georgia General Assembly are focused on it. But it is a problem, and it is a growing problem. And we do need, as a state, to position ourselves to help people get into homes, stay into homes, keep their homes. And in this case, the HOAs that are not being run properly really are wreaking havoc on homeowners. And, and sometimes that's leading to the homeowners actually losing their homes and having it sold out from under them.”
“The way HOAs have been conceived and developed, they do have a lot of power,” Halpern conceded. “It's the reason why this particular bill [SB 356] tries to create some guardrails around what they can do, what they can't do, and how they need to actually operate. And part of the problem is there really is not a clear line of oversight to HOAs.”
Here’s what James’ three pieces of legislation would do:
SB 356 also would ban HOAs from imposing liens that would immediately cause a homeowner to lose their homes.
SB 29 would limit the ways homeowners, condo and property associations can penalize people for nonpayment of fees, and requires them to seek arbitration before placing liens on a property. The bill is in the Senate Judiciary Committee.
Senate Resolution 37 would create a study committee which would take a comprehensive look at the policies and practices of HOAs and other such property associations. It’s in the Senate Rules Committee.
What’s next?
James’ bills face a lot of hurdles.
Crossover Day — the deadline when bills must pass one chamber to the other in order to still be in the running to become law –– is Feb. 29, a little over a week away.
State Affairs reached out to Sen. Brian Strickland, chair of the Judiciary Committee, and Sen. Matt Brass, head of the Rules Committee, to get a sense if James’ legislation will be considered in their respective committees. Neither legislator returned calls or emails by press time. So it’s unclear what the fate of these pieces of legislation will be.
Nonetheless, James is optimistic. “All of them are alive,” she said. “We’re just trying to move them.”
Senior Investigative Reporter Jill Jordan Sieder contributed to this article.
TYPES OF COMMUNITY ASSOCIATIONS
Here’s is a breakdown of the percentage of residential property types by association types:
Homeowner Association — 60%
Condo Communities — 38%
Co-ops — 2%
HOA LOCATIONS
This table shows homeowners associations, by U.S. region, for new construction homes:
Region New construction*
West 71%
South 70%
Midwest 52%
Northeast 38%
* 2021 data
Source: U.S. Census
WHAT HOA RESIDENTS PAY
Here are the mean monthly HOA fees for major metro areas in the United States. Note: These are a small sampling of fees. Fees can range from as little as $50 a month to over $1,000 a month.
- Atlanta: $117
- Boston: $444
- Chicago: $312
- Dallas: $98
- Detroit: $114
- Houston: $127
- Los Angeles: $366
- Miami: $283
- New York City: $653
- Philadelphia: $171
- Phoenix: $148
- San Francisco: $390
- Seattle: $189
- Washington, D.C.: $193
Source: American Housing Survey
BUYER BEWARE: What to know before you sign on the dotted line
- Read all legal documents so you know what you’re entering into contractually.
- Review the HOA or condo association budget. How much money does the association have in reserve? If it’s zero, that’s a red flag. Ask what percentage of owners aren’t paying.
- Be aware of the differences between homeowner associations and condo associations. If you’re late on your condo fee, a lien can be automatically attached to your unit. HOAs generally must file liens with the court.
- Be leery about buying a foreclosed home in an association or subdivision with few owners and lots of vacancies. You could get stuck paying for the pool and other expenses originally meant to be spread among a lot of owners.
- If you buy your property, keep records of your payments.
- If you have trouble paying your dues/fees, tell the HOA or condo association you’re having problems. Many associations are willing to work with members who are facing financial hardship due to illness or job loss.
- Try to work out a payment plan before going to court.
- Seek legal advice. But be aware, you may not have much legal recourse.
- If you do reach an agreement on back dues, pay it quickly.
Have questions? Contact Tammy Joyner on X @lvjoyner or at [email protected].
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Kemp signs bills on education, health care, taxes
Gov. Brian Kemp signed a slew of bills over the past week or so, including the private school voucher bill long sought by Republicans and a bill that will ease regulations over the construction and expansion of medical facilities in rural areas.
His bill-signing events were clustered into themes: education, health care, military members, human trafficking and Georgia’s coastal communities.
Education
Among the education-related bills Kemp signed was Senate Bill 233, also known as the Georgia Promise Scholarship Act, which provides the families of Georgia students enrolled in underperforming school districts with $6,500 scholarships that can be used toward private school or homeschooling expenses, including tuition, fees, textbooks and tutoring.
“Georgia is affording greater choice to families as to how and where they receive their education, while also continuing our efforts to strengthen public schools, support teachers, and secure our classrooms,” Kemp said, and thanked leadership in the House and Senate for prioritizing passage of the bill, which had failed in a close vote in 2023.
Democrats and many public education advocates who opposed the bill argued it will drain resources from public schools and primarily benefit students from wealthy families.
Kemp also signed Senate Bill 351, sponsored by nine Republican senators, which will require social media companies, as of July 1, 2025, to verify their users are at least 16 years old unless they receive approval from a parent.
House Bill 409, sponsored by Rep. Lauren Daniel, R-Locust Grove, directs school systems to consider not having bus stops where a student would have to cross a roadway with a speed limit of 40 mph or greater. The bill also increases the penalty for passing a stopped school bus to $1,000 from $250.
Kemp noted that Ashley Pierce, the mother of Addy Pierce, an 8-year-old who was fatally struck by a motorist as she boarded her school bus, “passionately advocated for and was instrumental in the passage of this legislation.”
Senate Bill 395, sponsored by Sen. Clint Dixon, R-Gwinnett, states that no school visitor or personnel can be prohibited from possessing an opioid reversal drug such as Narcan and directs schools to maintain a supply. It also allows opioid antagonists to be sold in vending machines and directs certain government buildings to maintain a supply of at least three doses.
Senate Bill 464, also sponsored by Dixon, creates the School Supplies for Teachers Program to financially and technically support teachers purchasing school supplies online. It also creates an executive committee of five voting members within the Georgia Council on Literacy and limits the number of approved literacy screeners to five, one of whom must be available to schools for free.
Health care
The governor chose his hometown of Athens as the venue to sign several bills aimed at improving health care in rural and underserved communities.
Among them was House Bill 1339, sponsored by Rep. Butch Parrish, R-Swainsboro, which revises the Certificate of Need process by which the state determines if and how new medical facilities can be built or expanded. The bill provides for several new exemptions, including psychiatric or substance abuse inpatient programs, basic perinatal services in rural counties, birthing centers and new general acute hospitals in rural counties. It also raises the total limit on tax credits for donations to rural hospital organizations to $100 million from $75 million.
Senate Bill 480, sponsored by Sen. Mike Hodges, R-Brunswick, establishes student loan repayments for mental health and substance use professionals serving underserved youth in the state or in unserved geographic areas disproportionately impacted by social determinants of health.
House Bill 872, sponsored by Rep. Lee Hawkins, R-Gainesville, chair of the House Health and Human Services Committee, expands cancelable loans for certain health care professionals to dental students who agree to practice in rural areas.
Senate Bill 293, sponsored by Sen. Ben Watson, R-Savannah, chair of the Senate Health and Human Services Committee, reorganizes county boards of public health and opens the qualifications for the CEO of each county board of health to include either licensed physicians or people with a master’s degree in public health or a related field.
Military members and veterans
Kemp on Wednesday focused on bills to improve military recruitment and provide more work opportunities for veterans and military family members.
House Bill 880, sponsored by Rep. Bethany Ballard, R-Warner Robins, allows spouses of military service members to work under a license they hold in good standing in another state while under the supervision of an existing Georgia medical facility or provider.
Senate Bill 449, sponsored by Sen. Larry Walker, allows military medical personnel to practice for 12 months while a license application is pending, including working as a certified nursing aide, certified emergency medical technician, paramedic or licensed practical nurse. The bill also creates a new advanced practice registered nurse license and makes it a misdemeanor to practice advanced nursing without a license.
Human trafficking
The governor on Wednesday was accompanied by first lady Marty Kemp and other members of the GRACE Commission for the signing of an anti-human trafficking package. It includes Senate Bill 370, which adds certain businesses to the list of organizations that must post human trafficking notices, including convenience stores, body art studios, businesses that employ licensed massage therapists and manufacturing facilities.
Sponsored by Sen. Mike Hodges, R-Brunswick, the bill also allows the Georgia Board of Massage Therapy to initiate inspections of massage therapy businesses and educational programs without notice and requires massage therapy board members to complete yearly human trafficking awareness training.
House Bill 993, sponsored by Rep. Alan Powell, R-Hartwell, creates the felony offense of grooming of a minor and creates new penalties for offenses relating to visual mediums depicting minors engaged in sexually explicit conduct.
House Bill 1201, sponsored by Rep. Houston Gaines, R-Athens, allows human trafficking survivors who received first offender or conditional discharge status to vacate that status for certain crimes, as long as the crime was a direct result of being a victim of human trafficking.
Coastal communities
Earlier today in Brunswick, Kemp signed legislation impacting Georgia coastal communities, including House Bill 244, which amends the laws around how wild game can be hunted and how seafood dealers operate, and House Bill 1341, which designates white shrimp as the state’s official crustacean.
Taxes
Earlier this month Kemp signed several bills related to taxation, including House Bill 1015, sponsored by Rep. Lauren McDonald, R-Cumming, which lowers the state income tax for tax year 2024 to 5.39%, accelerating a multiyear drop in state income taxes that started at 5.75% in 2023 and will continue through 2029.
The Governor’s Office of Planning and Budget estimates the tax cut acceleration will save Georgia taxpayers approximately $1.1 billion in calendar year 2024 and about $3 billion over the next 10 years.
Kemp also signed House Bill 1021, sponsored by Rep. Lauren Daniel, R-Locust Grove, which increases the state’s income tax dependent exemption to $4,000 from $3,000.
House Bill 581, sponsored by Reps. Shaw Blackmon, R-Bonaire, and Clint Crowe, R-Jackson, enables a constitutional amendment (House Resolution 1022) to let voters decide whether counties can provide a statewide homestead valuation freeze, which limits the increase in property values to the inflation rate.
The governor has until May 7 to sign or veto bills passed during the legislative session that ended on March 28. Those he takes no action on will automatically become law.
Legislation signed by Kemp is posted on the governor’s website.
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Incumbent candidates for local, federal races likely to be no-shows at this weekend’s primary debates
ATLANTA — One of Georgia’s prominent media organizations is pleading with incumbent state and congressional candidates to participate in its primary election debates slated for Sunday.
For the first time in The Atlanta Press Club’s 30-year debate history, incumbents facing challengers in the May 21 primary have either declined or not yet committed to participating in the organization’s well-known debate series. The possible no-shows include candidates in four Congressional races as well as the Georgia Supreme Court, and the Fulton County District Attorney races.
“This is the first time that we’ve had so many [incumbents] not participate,” debate organizer Lauri Strauss told State Affairs. Strauss declined to speculate why candidates aren’t participating.
Hoping to encourage more participation, the organization issued the following statement:
“The Atlanta Press Club believes it is the responsibility of people running for public office to answer questions from their local media that will help inform voters before they cast their ballots. If a candidate is running for public office, the candidate should be willing to participate in the democratic process, which includes attending debates and fielding questions from journalists and opponents.”
Candidates have until Friday to RSVP.
Strauss said candidates who fail to appear will be represented on stage by an empty podium during the debate.
District Attorney Fani Willis has declined to participate and Democratic U.S. Reps. Lucy McBath and David Scott have yet to RSVP. Strauss said the organization is still in talks with Georgia Supreme Court Justice Andrew Pinson’s staff about his appearance in the debate.
Willis, declined earlier this week to participate, citing constraints around talking about sensitive cases like the criminal prosecution of former President Donald Trump.
McBath currently represents the 7th Congressional District and is now running in the newly drawn 6th Congressional District against two Democratic challengers, Jerica Richardson and Mandisha Thomas. McBath declined to participate in the press club’s general election debate in 2022, forcing her Republican challenger Mark Gonsalves to debate with an empty podium. McBath won with 61% of the vote.
The debates will air live on April 28 on GPB.org, on The Atlanta Press Club’s Facebook page (www.fb.com/TheAtlantaPressClub). It will be rebroadcast in early May on WABE.org.
| Race | Tape and Livestream Sun. April 28 |
GPB-TV Broadcast | WABE Broadcast |
| Congressional District 6 Democrats | 10:00 a.m. | April 29 at 7:00 p.m. | May 1 at 4:30 p.m. |
| Congressional District 13 Democrats | 11:15 a.m. | April 28 at 4:00 p.m. | May 1 at 5 p.m. |
| Congressional District 3 Republicans | 1:00 p.m. | April 28 at 5:00 p.m. | May 2 at 3:30 p.m. |
| Congressional District 2 Republicans | 3:00 p.m. | April 29 at 5:00 p.m. | |
| Georgia Supreme Court | 4:45 p.m. | May 2 at 4:30 p.m. | |
| DeKalb County CEO | 5:45 p.m. | May 2 at 5:15 p.m. | |
| Fulton County District Attorney | 6:45 p.m. | May 1 at 4 p.m. |
Have questions or comments? Contact Jill Jordan Sieder on X @journalistajill or at [email protected] and Tammy Joyner on X @lvjoyner or at [email protected].
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‘It is nothing short of insane:’ Bill to criminalize squatting signed by governor
ATLANTA — Today Gov. Brian Kemp signed legislation criminalizing squatting, the illegal practice of entering and residing on someone else’s property without their consent.
The Georgia Squatter Reform Act makes squatting a misdemeanor criminal offense, punishable by up to a year in jail, a $1,000 fine, or both. It also speeds up the timeline to evict a squatter, giving landlords and law enforcement more tools to establish that someone is trespassing and to demand that they leave.
“It is nothing short of insane that there are some who are entering other people’s homes and claiming them as their own,” Kemp said in a post on X after signing the bill at the state Capitol. “Thanks to our legislative partners, I was proud to sign HB 1017 — once again making it clear that illegal squatters are criminals, not residents.”
Over the past few years, squatting has become more prevalent in Georgia, with trespassers breaking into vacant homes, claiming tenancy and refusing to leave.
A 2023 survey of institutional investors in single-family rental homes who are members of the National Rental Home Council found there were 1,200 illegally-occupied homes in and around Atlanta. Realtors told State Affairs they’ve encountered squatters in homes for sale and rent in Gainesville, Valdosta and Albany.
Until now, law enforcement in many jurisdictions treated the issue as a civil matter, telling property owners to file eviction actions in court, which could take months or even years to resolve.
The new law directs local law enforcement to issue citations and arrest people accused of squatting if they don’t provide a valid lease or proof of payment within three days. If they do produce such documents, it moves eviction proceedings to magistrate courts, and requires cases to be heard within seven business days after filing.
If the judge deems documents they present to be forged or fake, those accused of squatting could be charged with a felony. And judges can impose more fines based on the fair market value of rent that landlords lose.
On hand in the governor’s office for the signing was Rep. Devan Seabaugh, R-Marietta, the lead sponsor of the bill.
“Currently in Georgia law, we’re giving squatters tenant rights,” Seabaugh previously told State Affairs. “And my bill would take that away. It basically says, ‘You’re an intruder, you’re a criminal, and we’re going to treat you like a criminal.’ ”
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State troopers are stretched to fight drugs and curb highway deaths
ATLANTA — When Cpl. Anthony Munoz straps on his bullet-proof vest each day and pulls out of the Department of Public Safety headquarters in Atlanta, Munoz never knows how his shift will unfold. What is for certain is that the traffic — of cars, criminals and contraband — is constant.
And what is also true is that there are not nearly enough state troopers on the road to catch them all.
A 13-year veteran, trooper Munoz, 45, is part of the department’s Criminal Interdiction Unit, whose main focus is suppressing the robust illegal drug trade flowing through Georgia. Last year the eight-member team made 1,309 arrests, including 76 felony drug arrests, and helped other agencies seize $24 million worth of contraband.
In 2019, the unit had 25 members.
Capt. Greg Shackleford, the troop commander, said that in 2020 the unit was split up and half the team was sent to Georgia State Patrol posts around the state, which were hurting for staff, to conduct the Department of Public Safety’s core functions — traffic enforcement and responding to car crashes.
The split has translated into Munoz and the rest of his team now spending most of their time monitoring Interstate 20 just south of Atlanta, and Interstate 75/85 west of the city. He said they regularly support the investigations and busts of other local and federal agencies, and frequently join the governor’s crime suppression details, which have included taking down car thieves and street racers.
All this leaves his team with less time to develop intelligence on their own drug cases and to snare more traffickers. It also means the troopers no longer have time to monitor roads in rural areas in south Georgia where, Shackleford said, many drug traffickers driving trailers full of drugs and contraband enter the state on highways coming from Florida and Texas and now ride around unchecked for hundreds of miles.
Chronically understaffed
The Georgia State Patrol remains chronically understaffed. While the state’s population has grown, and with it the number of motorists, car crashes and criminal activity, the number of state troopers has hovered stubbornly between about 750 and 850 for over a decade, giving Georgia the unwanted distinction of having lowest number of troopers per capita in the country.
The average number of state troopers per capita in the U.S. is 21; for Georgia, it’s eight. And the outlook for changing that is not great, Col. William “Billy” Hitchens, the public safety commissioner, told legislators during hearings last fall — Unless the state makes bold moves in improving compensation. He said Georgia State Patrol has “aimed to reach 1,000 troopers for as long as I have been employed,” which is 30 years.
The state saw its trooper numbers plummet to 745 during the pandemic in 2021. The agency is now back to 845 troopers. The current trooper school started with 61 candidates, and if recent history is a guide, about 70% will graduate in September and put on the badge.
While “things are moving in the right direction” this year in terms of recruitment, said Hitchens, he said too many veteran officers are either resigning or retiring early.
Between 2018 and 2023, 48 troopers left the agency on a full-service retirement, meaning they had served for 30 years. During the same period, 341 troopers resigned, retired early or departed for other reasons. As it costs the department $153,397 to train a trooper, those who left early cost the state $52 million, said Lt. Col. Josh Lamb, director of administrative services for the Department of Public Safety.
Fewer troopers means more highway deaths
Fewer troopers on the state’s roads impact everyone, say law enforcement officials. .
“As our trooper strength decreases, traffic fatalities increase,” said Hitchens.
National Highway Traffic Safety Administration data shows a direct inverse relationship between trooper staffing and the number of fatalities in Georgia. At its low ebb in 2021, with 769 troopers, 1,925 people died on Georgia roads. More recently, in 2023, with 820 troopers, Georgia saw 1,647 fatalities, an 8% decrease over 2022.
“We are concerned with traffic patterns, the way people drive, and we enforce the law out there,” Hitchens told State Affairs. “When you start losing personnel, whether it’s the state, or cities and counties, one of the first things that may be taken away is traffic enforcement. Because they’re responding to other calls — robberies, domestics, you name it. And when troopers stop doing it, there are just fewer people out there reminding you, ‘Hey, that’s dangerous. Slow down.’ ”
The state patrol wrote 408,574 citations to motorists last year, but issued even more warnings — 510,265. Hitchens noted that mere trooper presence on the highway is a strong deterrent.
“It doesn’t have to be you that gets stopped,” he said. “Those 50 cars that ride by during that time and see that patrol car, go ‘Ooh, I don’t have my seatbelt on … I’m playing with my phone,’ and it just impacts that behavior. But the less officers you see on the road, the less you have people changing their driving behavior.”
Along with encouraging safer driving, DUI enforcement has become a higher priority for the department. A “Nighthawks” squad of 22 officers patrols after midnight in areas of the state where data analysis shows high incidences of alcohol and drug-induced crashes and violations. The state patrol made 16,409 arrests for driving under the influence in 2023.
Hitchens said the work of such special units is compromised when they’re pulled into other duties due to statewide manpower shortages. The three Nighthawks units, for example, are often pulled into other traffic stops and crime suppression details in Atlanta, Macon and Columbus. And drug interdiction officers have had to cover vehicle crashes and multiple public protests over the Atlanta Public Training Center (dubbed “Cop City”) and, more recently, conflict between Israelis and Palestinians in Gaza.
Besides securing troopers, Hitchens said the department is struggling to recruit dispatchers, who are the lifeline for troopers and officers who patrol alone and depend on dispatchers to provide critical information quickly. Today, the department has 129 dispatchers who work at nine regional call centers. They need 169 to be fully staffed.
A tough sell in the ‘Cop City’ era
Hitchens told lawmakers that heightened public criticism of law enforcement over the past few years has played a role in the department’s ongoing challenges to recruit and retain officers.
“People without understanding of what it’s like to be involved in a rapidly evolving life and death situation started scrutinizing officers, cities started defunding their police departments while demanding greater accountability and more training, both of which cost money,” he said. “Following the George Floyd, Rayshard Brooks and Breonna Taylor instances, the media and some leaders in our community nationwide began to demonize the police.”
Hitchens said that since the death of Manuel Teran, a protester against the planned Atlanta Police Training Center who was allegedly shot by a Georgia trooper during a firefight on the forested property in 2023, and the sometimes violent public demonstrations that ensued, “that dynamic just got worse. For a long time with ‘Cop City,’ it was constant protest, and you know, that weighs on you.”
Munoz, who was patrolling with other local law enforcement on the perimeter of the training center site the day Teran died, said the public’s jaundiced view of that episode and other recent struggles between police and citizens that have gone viral on social media can be frustrating.
“I know that a lot of the narrative out there is not true at all,” he said. “There are millions and millions of police encounters every day. And those [violent] ones are fractions of a percent of incidents, and whether a trooper or officer responds the right way, it all boils down to compliance. If you just comply, you’re presumed innocent, you’ll have your chance to make your case, and the facts will come out. Don’t argue, don’t fight, don’t resist. We don’t want to fight you.”
Noting that he has a wife and four children he wants to come home to, Munoz said, “We’ve been pounded with de-escalation in training, and that’s what we practice. I’m sure there are officers out there now that freeze and that say, ‘Do I do my job? Or am I going to be put in prison, because I reacted in a certain way?’ So we do carry that, and it’s a heavy, heavy burden.”
Last year three House Democrats introduced House Bill 107, the Police Accountability Act, which proposes an end to qualified immunity for law enforcement officers and would have required body-worn cameras for all peace officers. The bill did not advance out of committee, but Hitchens said taken together with the public unrest and anti-police sentiment since 2020, it all had a demoralizing effect on his officers.
“All of these factors are forcing officers to become fatigued with our profession,” he said. “They feel that support is ending and the job is not worth the risk.”
According to the Georgia Peace Officers Training and Standards (POST) Council, the number of officers with basic council certifications in Georgia dropped to 5,956 in 2023 from 6,666 in 2017.
“I don’t think there’s a single law enforcement agency in Georgia that is fully staffed,” said Chris Harvey, deputy executive director of Georgia POST. “And they have a very hard time getting qualified people on board. … There just aren’t enough quality people that are interested in doing this job.”
While some agencies have raised salaries and added signing bonuses, he said, “I can tell you that it’s not a solved problem. Because I don’t think it’s primarily a money issue. I think it has a lot to do with the difficulty of doing this job these days. I’m not sure it’s ever been harder to work in law enforcement. The amount of scrutiny along with the amount of violence that police officers encounter on a regular basis, they generally feel like they’re out there alone. If they make one mistake, they’re gonna pay dearly for it. … It’s a tough sell.”
Father and son patrol leaders fight for trooper compensation
For Hitchens, his push to recruit potential state troopers and convince state leaders to increase pay and benefits for troopers is supported by an unlikely suspect — his dad.
House Appropriations public safety subcommittee chair Rep. Bill Hitchens, R- Rincon is a former trooper who served in the Georgia State Patrol for 28 years, and was later appointed by former Gov. Sonny Perdue to serve as public safety commissioner from 2004 to 2011. The elder Hitchens has served in the House since 2013.
At the House Working Group on Public Safety meeting last fall, Rep. Hitchens noted that the state patrol has maintained around 700 troopers since he joined in 1969, when the state population was about 4 million. “Now it’s 11 million people … and we have a lot more murders, stolen cars and merchandise,” the elder Hitchens said. “Where we fell down, I don’t know. It’s just we’ve never grown. … And now we’re at a breaking point.”
The younger Hitchens was appointed by Gov. Brian Kemp as deputy commissioner for public safety in 2020, and then as commissioner in 2023. As commissioner he oversees the Georgia State Patrol, the Motor Carrier Compliance Division, the Capitol Police Division, and other special law enforcement units, including the crime suppression, SWAT and canine teams.
The son and father team have successfully fought for substantial pay raises for troopers, whose salaries have increased over the past three legislative cycles by nearly $17,000. That includes a 4% cost of living increase and a $3,000 bonus for law enforcement officers approved by the General Assembly in the fiscal year 2025 budget. The starting salary for a new trooper will be $63,684 as of July 1, if the governor approves it in the budget, as expected.
Dispatchers will also get a boost in next year’s budget, with new pay step increases that can take them from a starting salary of $39,000 to up to $56,000 as they earn promotions.
Col. Hitchens said those pay bumps seem to be turning the tide on recruitment. The number of applicants and graduates rose for the last few trooper schools held over the past year. Other changes the department made to trooper school requirements have also helped, including allowing people to go home more often during training, permitting access to mobile phones at night, and allowing people with arm tattoos to train and serve, if they cover them with long sleeves.
“We tried to make changes in training that we felt like really didn’t help people stay,” said Hitchens. “And we didn’t make it kinder or gentler. I mean, in this job that you sign up for, there’s got to be a certain level of discipline, there’s got to be a certain level of respect, with high physical training standards, that’s still there. But the things that we could change, we decided to do.”
Both men remain concerned about how to stem the trend of early retirement, and agree that sweetening the retirement package is the key way to combat it.
Currently most troopers qualify for a pension equal to 1% of their final pay for every year of service, and can also participate in a 401(K) savings plan while they serve, which the state matches up to 9%, depending on their number of years on the force. But Col. Hitchens is pushing for a more generous “defined benefit” retirement plan, with a 3% pension, which he said would double what most troopers get when they retire. Instead of earning about $25,000 a year on average, they would receive about $52,000.
Presently, the average tenure of a state trooper is 10 years, nowhere close to the 30-year careers Hitchens and other leaders want his officers to pursue.
And he knows it matters to them, as retirement benefits emerged as the number one retention issue on a recent agency-wide, anonymous survey.
“Every other agency is increasing their hiring packages, raising pay and offering better benefits, from retirement to free health care,” Hitchens said, noting that the Atlanta and Sandy Springs police departments offer substantially higher pay and 3% defined benefit plans.
“We’re in a competitive bidding process, and we have to offer a reward that’s worth the risk our people are taking with their lives and liberty.”
The tenure of senior officers also matters because of the crucial role they play in mentoring new recruits.
“When we have our young troopers, the men and women that come into the field, they’re excited,” said Shackleford, the troop commander, who spent much of his 36-year public safety career in SWAT before taking over Troop K, which includes the crime suppression, criminal interdiction, K-9, SWAT and dive units. “They see the fast cars, they want to get into something. And the problem is, it’s just like a puppy. A puppy’s gonna get into something and make a mess. So we need the older ones to kind of calm them down and guide them a bit, show them how to see and assess a situation.”
Such role modeling of behavior, said Hitchens, “is very important, especially with de-escalation. A senior officer, having dealt with so much of that, has that confidence and the competence to carry out [their] job in a way that I think a lot of younger, less experienced officers don’t have yet. And that’s how you learn and morph over a career,” said Hitchens, adding that that transfer of knowledge and practice from veterans to recruits “benefits the public as well.”
Rep. Hitchens co-sponsored two bills related to bolstering retirement plans for law enforcement that passed out of the retirement committee during the last session. One passed in the House, but did not get a vote in the Senate. Other lawmakers balked at the cost.
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