NYDEO: Selke, et al. v. Carson, et al. (S14A0631) 04/07/14

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Nydia Tisdale
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NYDEO: Selke, et al. v. Carson, et al. (S14A0631) 04/07/14

Post by Nydia Tisdale » April 8th, 2014, 9:00 am

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Fired Forsyth County Sheriff's Office (FCSO) employees get their day in court.

00:00 Judicial
00:07 40 Capitol Square
00:15 "FIAT JUSTITIA. RUAT CAELUM"
00:18 David E. Nahmias, Justice (absent)
00:22 Carol W. Hunstein, Justice
00:25 P. Harris Hines, Presiding Justice
00:28 Hugh P. Thompson, Chief Justice
00:31 Robert Benham, Justice
00:34 Harold D. Melton, Justice
00:36 Keith R. Blackwell, Justice
00:39 Therese "Tee" Barnes, Clerk
01:17 Tia C. Milton, Chief Deputy Clerk
01:45 Counsel
02:10 Attorneys for Appellees (Carson): Ken Jarrard, Megan Martin
02:28 Fired FCSO employees
04:31 Attorneys for Appellants (Selke): Lance LoRusso, Rebecca Sample
05:32 Moses Little, Georgia State Patrol Trooper
06:50 Honorable Supreme Court of Georgia is in session
09:21 Oral arguments for Selke et al. v. Carson et al.
10:31 Lance LoRusso for 11 fired FCSO employees
28:50 Ken Jarrard for Pat Carson and Forsyth County
51:24 Court at ease
51:51 Handshakes

Forsyth County Sheriff Duane Piper (absent)
FCSO Attorney Dana B. Miles (absent)

Appellants and their former FCSO titles:
William C. Barrett III, Deputy Sheriff, Captain
Jason E. Burndrett, Deputy Sheriff, Lieutenant
Brian J. Deblois, Deputy Sheriff, Sergeant
Ron H. Freeman, Deputy Sheriff Captain
Michael L. Goike, Deputy Sheriff Captain
Johnny R. Gomez, Deputy Sheriff Captain
Michael A. Goode, Deputy Sheriff Lieutenant
Todd C. Maloney, Deputy Sheriff Lieutenant
Lisa F. Selke, Deputy Sheriff Lieutenant
Christopher L. Shelton, Deputy Sheriff Sergeant
David W. Waters, Deputy Sheriff Lieutenant

Supreme Court of Georgia
Monday, April 7, 2014

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Lisa Frady Selke et al. v. Patricia Carson et al. (S14A0631)

Post by Nydia Tisdale » January 12th, 2016, 2:00 pm

SELKE ET AL. V. CARSON ET AL.
(S14A0631)

Supreme Court of Georgia
Summary of Opinion
By Jane Hansen
Public Information Officer
Monday, June 16, 2014

The Georgia Supreme Court has ruled against 11 law enforcement officers who were fired by Forsyth County Sheriff Duane Piper. The officers appealed to the high court after a superior court denied their petition to force a hearing of their case by the Forsyth County Civil Service Board.

In today’s decision, however, the Supreme Court has dismissed the officers’ appeal because they failed to follow the correct procedure in filing it.

In February 2013, Lieutenant Lisa Frady Selke, four captains, four other lieutenants, and two sergeants employed by the Forsyth County Sheriff’s Office were terminated as part of a “reduction in force,” according to the Sheriff’s Office. They claimed their termination was a subterfuge for political retaliation and age discrimination. They attempted to appeal their termination to Sheriff Piper, but he said he lacked authority to grant an appeal because layoffs were not appealable. They then tried to appeal to Patricia Carson, the Forsyth County Personnel Services Director, and requested their appeals be forwarded to the Forsyth County Civil Service Board.

In March 2013, however, she denied their request to appeal and to send their appeals to the Civil Service Board, also stating that a layoff is not appealable under the Forsyth County Civil Service Handbook and policies. Specifically, the handbook states: “Employees who are covered by the Forsyth County Civil Service System may be subject to reassignment, reclassification, transfer, non-disciplinary demotion, non-disciplinary suspension, administrative leave, and separation resulting from layoff without cause and with no right to appeal.” Selke and the others then filed a petition for a “Writ of Mandamus” in Forsyth County Superior Court to force Carson to forward their appeals to the Civil Service Board. A writ of mandamus is considered an “extraordinary remedy” that is used to compel a public official to perform a required duty.

Following a hearing in July, Superior Court Judge G. Grant Brantley granted the County’s motion to dismiss the law enforcement officers’ appeals. Selke and the other officers then filed a direct appeal with the Georgia Supreme Court. Attorneys for Carson, the Civil Service Board and the County filed a motion to dismiss the appeal, arguing the officers improperly filed a direct – or automatic – appeal with the state Supreme Court when they were required under the law to ask permission to appeal under the discretionary appeal procedures.

“We agree,” Chief Justice Thompson writes for the Court in today’s unanimous decision.

“Generally speaking, judgments or orders granting or refusing to grant mandamus are appealable directly. However, Official Code of Georgia § 5-6-35 (a) (1) requires an appellant to file an application for a discretionary appeal from a decision of a superior court reviewing the decision of a state or local administrative agency.”

“In this case, Carson, the Personnel Services Director, made an administrative department decision refusing to forward appellants’ appeals to the Civil Service Board. Because Carson’s decision was reviewed by the superior court, it was incumbent upon appellants to proceed by discretionary appeal.”

“Appeal dismissed. All the Justices concur.”

Attorneys for Appellants (Selke): Lance LoRusso, Rebecca Sample
Attorneys for Appellees (Carson): Ken Jarrard, Megan Marti

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Forsyth County, GA Sheriff Duane Piper — Reduction In Force

Post by Nydia Tisdale » May 15th, 2016, 10:00 am

Image
On Monday, April 7, 2014, eleven fired Forsyth County Sheriff’s Office deputies appealed to the Georgia Supreme Court for their jobs lost due to a “Reduction In Force” in February 2013. Forsyth County Sheriff Duane Piper did not attend the hearing. Also, Sheriff Piper’s newly-appointed counsel Dana B. Miles of Miles, Hansford, Tallant did not attend. Rather, Forsyth County Attorney Ken Jarrard represented defendant Director of Human Resources Pat Carson. Lance LoRusso represented the Forsyth 11. Nydeo still by Nydia Tisdale.

User avatar
Nydia Tisdale
Posts: 5995
Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA
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Forsyth County Sheriff Duane Piper claims corruption in FCSO

Post by Nydia Tisdale » May 16th, 2016, 5:00 pm

Image
Campaign mailer received by Forsyth County voters on Friday, May 13, 2016.
Credit: Frank Huggins, Facebook.


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