Small Town News

Judge: Greenville Mayor had Right to Fire Police Chief

---

Coweta Judicial Circuit Superior Court Judge John Simpson has ruled in favor of Mayor James Curtis Bray in the termination of former City Clerk Johnnie Owens and Police Chief Darryl Williams.

Owens and Williams filed a suit against Bray, as an individual and mayor of the city, after he terminated them Jan. 2008 shortly after taking office.

Owens and Williams filed a judgment against Bray in Meriwether County Superior Court for "wrongful dismissal" in Feb. 2008.

Judge Simpson heard the case last week and granted Bray a summary judgment, while denying the judgment filed by Owens and Williams.

SIMPSON denied the judgment for several reasons.

First, Simpson declared, "that regardless of the order of events, the Greenville City Charter clearly states the terms of Owens and Williams were one-year terms and expired annually."

Second, that the City of Greenville and Mayor Bray are entitled to sovereign immunity.

"Bray's decision to terminate the plaintiffs was a discretionary decision to which sovereign immunity applies as it does to the City of Greenville."

Simply meaning the actions by Bray, since the appointments were annual, does not constitute "wrongful termination" and is not covered by the city's insurance.

Simpson also pointed out that the plaintiffs failed to "give any ante litem notice of any claim except contractual claims." Meaning Owens and Williams did not submit documentation showing monetary damages to the city.

SIMPSON citied other court cases and Georgia law for the decision of "non damages."

"No person, firm or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries without first giving notice... within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment."

Owens and Williams also pointed out that Bray terminated them without having a quorum of the city council to review the terminations.

AFTER BRAY was elected, two council members resigned immediately and another resigned after moving out of the city. Eventually, because of the lack of a quorum; the.city was place under receivership.

Simpson ruled that the lack of a quorum was a "political matter and "the courts have no jurisdiction over a purely political question such as the one posed by the events in Greenville in the fall of 2007-08, which so happened to include the firings of Owens and Williams."

Owens and Williams also contended that their terminations violated the city's policies and procedures manual because they were not granted due process.

"According to the undisputed affidavit of Everlene Clay, present City Clerk, nowhere in any of the minutes or records of meetings, as recorded by the City Clerk, is there an indication that the City of Greenville Policies and Procedures for Employees had ever been properly approved, introduced and adopted," Simpson said.

Simpson pointed to Greenville's city charter explains the procedure for adopting such items, and noted that the proper action was never taken.

The city charter reads, "Greenville shall have three (3) separate readings, but the second and third readings shall never be had on the same day."

"This manual was never properly approved, nor read before any City Council. As such it provides no ground for any due process, appeal or other claimed rights, especially to such annual positions as the City Clerk and Police Chief," Simpson said.



Copyright 2010 The Hogansville Home News, Hogansville, Georgia. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from SmallTownPapers, Inc.

© 2010 The Hogansville Home News Hogansville, Georgia. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

More from The Hogansville Home News