The Georgia Supreme Court on Monday ruled that a former DeKalb County fire captain should be reinstated and awarded back pay since he was let go early last year after a fatal fire in Dunwoody.
The court decided in favor of Sell Caldwell III, who was fired shortly after 74-year-old Ann Bartlett died during a Jan. 24, 2010, blaze that may have been started because of a problem with an oxygen concentrator she used while sleeping.
Bartlett had called 911, but her call was interrupted. Several fire and rescue units arrived 12 minutes later at the 1600 block of Houghton Court North, but they left when firefighters saw no sign of a fire, authorities said. A neighbor called five hours later, and when units returned Bartlett's home was engulfed in flames.
Caldwell, 52, was fired a week later on allegations he failed to locate the dispatch address when responding to a fire and failed to take command of the scene. But a hearing officer and the Merit System Council later found he was wrongly terminated. When the county failed to reinstate Caldwell, he went to court and obtained a judge's order directing the county to reinstate him.
The county's appeal of that order was rejected Monday by the state Supreme Court. The state high court also agreed with the trial judge's finding that the county should pay Caldwell's legal fees because it had been so stubbornly litigious by failing to reinstate him back to his job.
Caldwell's lawyer, Andrew Coffman, said his client correctly followed procedure when responding to the initial 911 call. He also expressed frustration the county had refused to reinstate Caldwell to his old position.
"This represents a good day for all public servants in DeKalb County," Coffman said. "It sends a message to the county that you've got to follow the rules."
In March 2010, Caldwell began receiving early retirement to offset the loss of his salary. If Caldwell is ultimately reinstated, he must be awarded the difference in his back pay and the retirement benefits he received, the court said.
County spokesman Burke Brennan said DeKalb's legal staff was reviewing the court's decision.
In April 2010, Bartlett's family filed suit against DeKalb County Fire Rescue and a number of firefighters. The case was settled in December 2010, said Pitts Carr, the family's lawyer.
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