Judge: Clayton firings were out of line


The Atlanta Journal-Constitution
Published on: 03/25/05

Clayton County Sheriff Victor Hill did not have the authority to fire 28 employees, a judge ruled Thursday. But the controversy surrounding the dismissals is far from over.

Hill has vowed to appeal, and Eldrin Bell, chairman of the Clayton County Commission, fears that legal fees and damages might cost the county as much as $35 million.

Clayton County Sheriff Victor Hill's attempt to fire 28 employees could cost taxpayers millions.
 
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"The people of this county did not deserve this," Bell said.

After issuing his ruling, Judge Ben Miller, a retired Superior Court judge who agreed to hear the case, urged the two sides to reach a compromise.

"I do hope you people will get together and bury the hatchet, because what you're doing to the county is hurting it," Miller said.

The Sheriff's Department employees were fired Jan. 3 — Hill's first day in office — as snipers stood watch on the roof. Some of the workers had to turn in their county-issued cars and were driven home on buses normally used to transport jail inmates.

Hill has maintained that he had the authority to fire the employees because they aren't part of the county's civil service merit system. The Clayton County Commission disagreed, and a judge had forced Hill to reinstate the workers until the issue was decided.

On Thursday, Miller ruled that the workers were protected by the civil service merit system and, therefore, couldn't be fired without just cause.

"I know it's not over and there are going to be more things that we're going to have to go through," said Lt. Garland Watkins, one of the employees involved. "But it's not for me. It's for our department."

"We're going to look at this as Round 1," Hill said as supporters stood behind him in T-shirts reading, "Support Our Sheriff." "We're looking forward to Round 2."

The employees who were fired have filed a federal lawsuit in which they say they were discriminated against by Hill because of their age, gender and race.

Bell said he was pleased with Thursday's ruling, but he said Clayton County taxpayers will be stuck with paying the legal fees for Hill's lawyers.

Bell said that in his discrimination suit, Harlan Miller, who represents the employees, has asked for a costly settlement package that includes money, early-retirement packages and transfers.

"We could have avoided what has now turned into a demand for $35 million by the affected employees," the commission chairman said.

Harlan Miller wouldn't specify the amount being sought, but he said the $35 million figure cited by Bell was "high."

He said the settlement would get the workers away from Hill, and that he regrets that taxpayers will have to bear the brunt of the situation. "It is a considerable demand," Miller said. "I'm real sorry."

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