The term of each member of the city of Atlanta's Civil Service Board has expired, prompting an attorney to file a motion to disqualify the board from hearing cases — particularly the one involving a police officer she represents.
"All board members lack the authority to perform any of the functions in the [city] Code, including hearing and disposing of employee appeals from adverse actions," attorney Mary J. Huber wrote in her motion.
Huber is representing Justin Strom, one of three Atlanta police officers facing disciplinary action stemming from the arrest and wrongful jailing of Teresa Culpepper in August.
The city's Law Department disputes Huber's claim. It says that according to the City Charter, any member of an Atlanta board, commission, council or authority "can continue to serve until he or she is reappointed or a successor is appointed."
Yvonne Cowser Yancy, commissioner of the city's Department of Human Resources, said that while their terms have expired, the members have been asked to continue serving until they are replaced or reappointed by Mayor Kasim Reed.
"We have a thoughtful process to review current members while also considering other nominations," Yancy said. "Also, the current board has agreed to continue to serve until otherwise informed."
According to documents provided by the city, the terms of Bartlett Hargro, Hazel Jacobs, Gloria Leonard and Kevin Perry all expired in 2010. James T. Middlebrooks' term expired in May.
Yancy said each member is paid $100 per appearance plus parking, which costs between $3 and $10. The board meets quarterly with Yancy to chart progress on cases.
"We want to look at the current makeup of the board and look at the diversity," Yancy said. "I fully expect that between now and the end of the fiscal year we will have a full board."
Strom's suspension and appeal involve the Culpepper case.
Culpepper was arrested Aug. 21 after calling police to report a stolen truck. She ended up being charged in an aggravated assault that police now allege was committed by another woman named Teresa. Culpepper spent 53 days in jail before the victim of the assault verified in court that she was not the attacker.
Strom faces the possibility of a 10-day suspension for his part in Culpepper's mistaken arrest.
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