BLACKWELL, Justice.
Lynn Eshleman is employed with the DeKalb County Police Department as a law enforcement officer and dog handler, and in connection with her employment, she is responsible for the care and maintenance of Andor, a police dog trained to assist in the apprehension of persons suspected of criminal activity. When Eshleman is not working, she keeps Andor at her Walton County home, just down the street from the home of Benjamin Key. On November 6, 2011, Eshleman put Andor into a portable kennel outside her home, but she evidently failed to secure the kennel door. As a result, Andor escaped into the neighborhood, where the dog encountered Key's son, then eleven years of age. According to Key, the dog attacked his son, causing the child to sustain serious injuries to his arm. Key sued Eshleman, alleging that she failed to restrain Andor, and Eshleman moved for summary judgment on the ground of official immunity. The trial court denied her motion, Eshleman appealed, and the Court of Appeals affirmed the denial of summary judgment. See Eshleman v. Key, 326 Ga.App. 883, 755 S.E.2d 926 (2014). We issued a writ of certiorari to review the decision of the Court of Appeals, and we now reverse.
1. As a general rule, a county law enforcement officer enjoys official immunity from a lawsuit alleging that she is personally liable in tort for her performance of official functions.
As a DeKalb County Police officer and dog handler, Eshleman is responsible for the care and maintenance of Andor at all times, even when she is not working. For this reason, the allegation that Eshleman failed to secure the dog outside her home concerns her performance of an official function, and Eshleman presumptively is entitled to official immunity. Key does not contend that Eshleman acted with malice or an intent to injure anyone, and so, the first exception to the general rule of immunity does not apply. Unless the second exception applies, the general rule holds, and Eshleman is entitled to official immunity.
To define the scope of the second exception, this Court has distinguished between
Murphy v. Bajjani, 282 Ga. 197, 199(1), 647 S.E.2d 54 (2007) (citations omitted). See also Austin v. Clark, 294 Ga. 773, 774, 755 S.E.2d 796 (2014); McDowell v. Smith, 285 Ga. 592, 593, 678 S.E.2d 922 (2009). When an officer is performing an official function with respect to which she owes no duty of care whatsoever — when the officer is equally permitted to choose to do anything or nothing at all — the officer necessarily is engaged in the performance of a discretionary function, not a ministerial one. But even when an officer clearly owes a duty of care and is absolutely required to do something, unless she has been commanded — by law or by the policy or directive of her employer — to do a particular thing, she still is engaged in the performance of a discretionary function. See Roper, 294 Ga. at 114-116, 751 S.E.2d 351. In Cameron, for instance, we held that a law enforcement officer engaged in a high-speed pursuit was performing a discretionary function for which he was entitled to official immunity, notwithstanding that the officer owed a generalized duty to drive with due regard for the safety of the public. 274 Ga. at 125-126(2), 549 S.E.2d 341. See also Murphy, 282 Ga. at 199-200(1), 647 S.E.2d 54 (although statute absolutely "require[d] that action be taken and set[] forth parameters for the action to be taken," the statute required school officials to exercise "personal deliberation and judgment," and it did not, therefore, impose a ministerial duty); Harry v. Glynn County, 269 Ga. 503, 505(2), 501 S.E.2d 196 (1998) (paramedic owed duty of care to patient, but paramedic nevertheless entitled to official immunity). As we have explained, "[a law, policy, or] instruction[] adequate to cause an act to become merely ministerial must be so clear, definite and certain as merely to require the execution of a relatively simple, specific duty." Roper, 294 Ga. at 115, 751 S.E.2d 351 (citation and punctuation omitted).
In this case, there is no evidence that DeKalb County gave specific direction to Eshleman — by policy or otherwise — about the extent to which she was to keep Andor restrained when she was not working or the particular way in which she was to do so. Key contends, however, that the law imposed an absolute and sufficiently specific duty upon Eshleman to keep the dog under restraint, and in support of this contention, he points to OCGA § 51-2-7 and a Walton County ordinance. We now consider the duty imposed by each of those laws, beginning with the statute.
2. In pertinent part, OCGA § 51-2-7 provides:
As our Court of Appeals has explained, the statute recognizes that the keeper of an animal known to have vicious or dangerous propensities owes a duty of care with respect to the management and restraint of the animal for the protection of those who may come into contact with it. See Cowan v. Carillo, 331 Ga.App. 387, 389(1), 771 S.E.2d 86 (2015). For our present purposes, we will assume that Andor — by virtue of having been trained to assist law enforcement in the apprehension of criminal suspects — is a "vicious or dangerous animal," as that term is used in the statute.
But as we noted earlier, the important question in the context of official immunity is not merely whether an officer owed a duty of care, but rather, whether the official owed a duty that is particularized and certain enough to render her duty a ministerial one. We suppose that an absolute duty to restrain an animal at all costs — a duty that implies strict liability — might amount to a ministerial duty when owed by a public officer. We already have held, on the other hand, that a generalized duty to merely exercise reasonable care may not be specific enough to amount to a ministerial duty. See Cameron, 274 Ga. at 125-126(2), 549 S.E.2d 341. Which sort of duty is recognized by OCGA § 51-2-7?
The statute speaks in terms of liability, and rather than directly stating the relevant duty of care, it identifies instead the circumstances that mark a breach of that duty: "careless management" and "allowing the animal to go at liberty." "Careless management" quite clearly implies only a generalized duty of ordinary care. See Cowan, 331 Ga.App. at 391-392(1), 771 S.E.2d 86(b). See also Southern R. Co. v. Horine, 121 Ga. 386, 386(2), 49 S.E. 285 (1904) ("The words `carelessly' and `negligently' are synonymous."); Ferrell v. Haas, 136 Ga.App. 274, 276, 220 S.E.2d 771 (1975) (same). As for the statutory reference to "allowing the animal to go at liberty," it too implies only a generalized duty to exercise ordinary care to keep a vicious or dangerous animal restrained so as to prevent injury to others. The statute always has been understood as merely a recognition of the duty at common law with respect to vicious and dangerous animals. Harvey v. Buchanan, 121 Ga. 384, 385, 49 S.E. 281 (1904). And more than a hundred years ago, this Court addressed that duty in the context of a case involving allegedly vicious or dangerous animals that ran loose, holding that it is a duty to exercise ordinary care:
Logan v. Hope, 139 Ga. 589, 589(2), 77 S.E. 809 (1913) (emphasis supplied).
Moreover, the statutory reference to "allowing the animal to go at liberty" is comparable to language in other "running at large" statutes, which generally have been understood by the courts and commentators to permit liability only upon a showing of negligence. See West v. West, 299 Ga.App. 643, 645, 683 S.E.2d 153 (2009) (construing OCGA § 4-3-3, which provides that no owner of livestock "shall permit livestock to run at large on or to stray upon the public roads of this state"). See also James L. Rigelhaupt, Jr., "Liability of Owner of Animal for Damage to Motor Vehicle or Injury to Person Riding Therein Resulting from Collision with Domestic Animal at Large in Street or Highway," 29 A.L.R.4th 431 § 4[a] (1984);
Ordinary care to restrain an animal requires the taking of reasonable measures to keep the animal restrained. And that, in turn, necessarily requires personal deliberation and judgment. How much of a danger does a particular animal present? Is a fence enough to hold it? How high of a fence? If a tether is required, is the rope or chain strong enough? What about visitors who may enter the premises — how are they to be protected? And when the animal is transported, what sort of portable kennel is sufficient to hold it? The law requires the keeper of a vicious or dangerous animal to ask these sorts of questions, but neither the statute nor the common law supplies simple answers. What should be done always will depend to some extent on the circumstances. And that means that the duty cannot — when applied to a public officer — be characterized properly as a ministerial one. See Grammens v. Dollar, 287 Ga. 618, 621, 697 S.E.2d 775 (2010) ("Where the [law or] policy requires the public official to exercise discretion in the implementation of the [law or] policy, the [law or] policy does not require the performance of a ministerial duty." (Citations omitted)). See also Roper, 294 Ga. at 115, 751 S.E.2d 351; Murphy, 282 Ga. at 199(1), 647 S.E.2d 54.
3. Key also contends that Eshleman had a ministerial duty to restrain Andor under Walton County Code §§ 10-3 and 10-4,
4. The duties that Eshleman was alleged to have violated were not ministerial ones
Judgment reversed.
All the Justices concur.