FULTON COUNTY, GEORGIA v. ANDREWS Et Al.
332 Ga. App. 473
Ga. Ct. App.2015Background
- Public Defenders (current/former attorneys in Fulton County Public Defender’s Office) sued Fulton County alleging breach of contract and violation of county personnel regulations after County Attorneys received higher salary increases.
- Fulton County’s Civil Service Act and Personnel Regulations (PR) establish a county-wide classification and pay system with force of law and require the same pay schedule for positions in the same class (PR 200-1; PR 300-1; PR 300-9).
- A 1997 Fox Lawson county-wide classification and compensation study placed Public Defenders and County Attorneys in the same classifications and pay grades.
- Starting in 1997 the County granted market premium pay disproportionately to County Attorneys, creating and perpetuating a pay differential; Schedule B (created later) preserved those differentials.
- Public Defenders filed an internal grievance in 2012; County blocked grievance and they sued in Fulton Superior Court. Trial court granted Public Defenders’ summary judgment and denied County’s motion; County appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fulton County Personnel Regulations constitute part of the parties’ employment contract (preempting offer letters) | PRs are statutory, have force of law and become part of employment contract; offer letters cannot override PRs | Offer letters set terms of employment and supersede generalized PRs | PRs are binding contract terms; County cannot override them by offer letters; trial court correct |
| Whether County lawfully paid County Attorneys outside established salary ranges (and defenses) | County breached PRs by granting premium pay to County Attorneys without required county-wide reclassification/comp study; Public Defenders entitled to same pay schedule | County asserts home-rule authority (OCGA §36-1-21), constitutional gratuities/plain administrative discretion justify differential | County lacked authority to pay outside ranges absent county-wide classification & compensation study; defenses rejected; summary judgment for Public Defenders affirmed |
Key Cases Cited
- DeKalb County School Dist. v. Gold, 318 Ga. App. 633 (statutory employment benefits form part of employment contract)
- Alverson v. Employees’ Retirement Sys. of Ga., 272 Ga. App. 389 (statute-created retirement rights are contractual)
- Clark v. State Personnel Bd., 252 Ga. 548 (merit system statute creates constitutionally protected contract)
- Fulton County v. Lord, 323 Ga. App. 384 (claims for back pay under county personnel regulations sound in contract)
- Wayne County v. Herrin, 210 Ga. App. 747 (civil service systems require merit-based treatment, not spoils)
- Clark v. Head, 272 Ga. 104 (contracts made without authority are void and cannot be ratified)
- Duggan v. Leslie, 281 Ga. App. 894 (county violated personnel rules by using improper method to change personnel manual)