Joseph Pait v. City of Albany, Georgia
335 Ga. App. 215
| Ga. Ct. App. | 2015Background
- Joseph Pait, an Albany firefighter, pled guilty (first offender) to two counts of theft by taking and one count of criminal trespass in Dec. 2003; he was placed on probation.
- Deputy Chief Carswell (per direction of Chief Arrowood) sent a termination letter referencing fire department standards (Articles 2 and 7) and informed Pait of his right to appeal to the city manager.
- Pait requested a hearing; he appeared with counsel before the city manager, admitted taking and selling a canoe but claimed he thought the property was abandoned and presented witnesses supporting that claim.
- The city manager upheld the termination, finding Pait knowingly removed another’s property and violated department standards; she relied on Pait’s admissions and the departmental/personnel rules.
- The superior court granted certiorari, reversed the city manager (reasoning first-offender pleas were not convictions and cited standards did not apply), reinstated Pait with back pay, and awarded attorney fees to Pait under OCGA § 9-15-14.
- The City, Arrowood, and Carswell appealed; Pait cross-appealed the grant of summary judgment to the City and officers on his civil claims.
Issues
| Issue | Plaintiff's Argument (Pait) | Defendant's Argument (City, Arrowood, Carswell) | Held |
|---|---|---|---|
| Sufficiency of evidence for termination | Termination unsupported because first-offender pleas are not convictions and cited Articles 2 & 7 required convictions or public property | City: manager could rely on Pait’s guilty pleas/admissions and broader misconduct standard (Article 1 and personnel ordinance) | Reversed superior court; some evidence supported termination (misconduct standard and Pait’s admissions) |
| Procedural due process | Notice cited theft but Pait argues deprivation because of deficient notice or hearing flaws | City: Pait received written notice and a full evidentiary pre-termination hearing with counsel per personnel ordinance | No due process violation; adequate notice and hearing were provided |
| Back pay and benefits awarded by superior court | N/A (remedy for reinstatement) | N/A (City argues reinstatement was improper) | Award reversed along with superior court’s reinstatement because termination was supported |
| Attorney-fees award under OCGA § 9-15-14 | Superior court awarded lump-sum fees of $111,590 finding sanctionable defense conduct | Appellants: lump-sum/unapportioned fees improper; trial must allocate fees to sanctionable conduct | Fee award vacated; remand required for findings and apportioned fee determination |
| Cross-appeal: state-law claims (defamation, IIED, negligent retention) | Pait: factual basis (various alleged statements) creates triable issues | City/officers: Pait failed to identify specific defamatory statements or point to record evidence creating material fact disputes | Affirmed: summary judgment for defendants upheld; Pait failed to meet appellate burden to show error |
Key Cases Cited
- DeKalb County v. Bull, 295 Ga. App. 551 (any-evidence standard on certiorari review)
- Glass v. City of Atlanta, 293 Ga. App. 11 (administrative factfinder may reject petitioner’s evidence and assess credibility)
- Goddard v. City of Albany, 285 Ga. 882 (city personnel ordinance creates pre-termination hearing rights)
- Humphreys v. State, 287 Ga. 63 (first offender pleas do not constitute convictions)
- State v. Wiley, 233 Ga. 316 (nature and purpose of first offender treatment)
- Salomon v. Earp, 190 Ga. App. 405 (first offender does not bar civil restrictions during probation)
- Mornay v. Nat. Union Fire Ins. Co. of Pittsburgh, 331 Ga. App. 112 (use plain meaning for undefined terms like "misconduct")
- Board of Commrs. of Effingham County v. Farmer, 228 Ga. App. 819 (procedural due process requires notice and hearing before termination)
- Sheppard v. DeKalb County Merit Council, 144 Ga. App. 115 (due process violated where hearing addressed different grounds than notice)
- Gibson Law Firm v. Miller Built Homes, 327 Ga. App. 688 (lump-sum/unapportioned § 9-15-14 fees not permitted)
- Franklin Credit Mgmt. Corp. v. Friedenberg, 275 Ga. App. 236 (trial court must explain fee award and apportionment)
- Fleming v. Advanced Stores Co., 301 Ga. App. 734 (appellant’s burden to support enumerated errors with record citations)