According to the trial court’s findings of fact, defendant Alfonso Hagin was hired in May 1986 by plaintiff City of Pembroke as a police officer. By law, a peace officer, in order to exercise the authority to make arrests, must, among other things, complete a basic training course established by the Georgia Peace Officer Standards & Training Council within twelve months of the date of his appointment as a
1. “ ‘(I)f there is one thing which more than another public policy requires, it is that men of full age and competent understanding, shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by the courts of justice. Therefore, you have this paramount public policy to consider — that you are not lightly to interfere with this freedom of contract.’ [Cit.] Tt is well settled that contracts will not be avoided by the courts as against public policy, except “where the case is free from doubt and where an injury to the public interest clearly appears.” ’ [Cit.]”
Cash v. Street & Trail,
We cannot conclude that the agreement in question is contrary to the express or implied purpose of the statutes addressing minimum training requirements for Georgia peace officers. The applicable statutes set forth the minimum standards for employment and minimum training for individual peace officers. E.g., OCGA §§ 35-8-9 and 35-8-10. OCGA § 35-8-17 authorizes the Georgia Peace Officers Standards & Training Council to bring a civil action against an individual officer who does not comply with the certification requirements (subsection b) as well as against the law enforcement unit employing such an officer (subsection c). We find no intent by the legislature in the applicable code sections to impose the financial burden of training a peace officer solely upon the law enforcement unit employing him. We note that pursuant to OCGA § 35-8-7 (20) the Georgia Peace Officer Standards & Training Council may reimburse counties and municipalities for the costs of sending officers to a peace officer training program. A county or municipality is not required to train each officer but may chose to hire individuals who have already met the statutory certification requirements.
We conclude that the agreement at issue in this case is reasonably related to the City’s interest in protecting its investment in training a new officer. In order to avoid the requirement of paying the amount specified in the agreement, the officer could simply have remained in his employment for twelve months. We hold the trial court erred in finding the agreement void for public policy reasons.
2. Because the trial court’s findings of fact show that the defendant entered into the agreement and left his employment before the twelve-month period had expired, plaintiff City of Pembroke is entitled to judgment in its favor.
Judgment reversed.
