DeKALB COUNTY v. KIRKLAND Et Al.
329 Ga. App. 262
Ga. Ct. App.2014Background
- Kirkland and Pruitt were DeKalb County Fire Rescue (DCFR) employees who served as volunteer K-9 handlers and later were promoted to captain (overtime-exempt) positions.
- DCFR awarded 24 hours/month compensatory time to K-9 handlers beginning in 2003; captains were classified as overtime-exempt and County Code §20-161(c) provided exempt employees must use compensatory time within one year and are not eligible for cash payment for unused balances.
- Plaintiffs allege large accruals of compensatory time (Kirkland claimed ~1,450 hours; Pruitt claimed ~744 hours) and sought compensation for unused time after DCFR stopped awarding the monthly compensatory hours and the K-9 team was disbanded in 2010.
- Plaintiffs sued in June 2012 for breach of contract (and other claims), arguing the County Code or other writings constituted a contract waiving sovereign immunity or that they were misclassified and therefore entitled to different compensatory-time rules.
- Trial court denied County's motion for summary judgment; appellate court reviewed de novo and reversed, holding no written contract waived sovereign immunity and no genuine fact issue showed plaintiffs were misclassified as nonexempt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether County waived sovereign immunity by written contract regarding compensatory time | County Code or other written policies created a contract entitling captains to keep/receive cash for accrued compensatory time | No written contract promised use beyond one year or cash payment; County Code expressly bars cash for exempt employees and requires use within one year | No waiver — County Code is clear and unambiguous; plaintiffs lacked a written contract entitling relief |
| Whether plaintiffs were misclassified as overtime-exempt (affecting eligibility for cash or 480-hr rule) | Plaintiffs argued they were not overtime-exempt under FLSA and thus entitled to accrue up to 480 hours and cash for excess | County maintained captains were bona fide managers/supervisors and thus overtime-exempt; plaintiffs failed to raise specific facts to create a genuine issue | Plaintiffs failed to present specific evidence of misclassification; no genuine issue of material fact |
Key Cases Cited
- Bd. of Commrs. of Glynn County v. Johnson, 311 Ga. App. 867 (appellate review of sovereign-immunity waiver analysis)
- Cowart v. Widener, 287 Ga. 622 (Georgia Supreme Court) (summary judgment response requirements)
- Fulton County v. Lord, 323 Ga. App. 384 (2013) (county employees' back pay claims under written policies)
- Community Marketplace Properties, LLC v. SunTrust Bank, 303 Ga. App. 403 (summary judgment standard and de novo review)
- Dept. of Labor v. City of Sapulpa, 30 F.3d 1285 (10th Cir. 1994) (analysis of whether fire captains are exempt under FLSA)