Selke v. Carson, 295 Ga. 628

Appellants were former Forsyth County deputy sheriffs terminated without notice; they claim the termination was not a genuine reduction in force but political retaliation and age discrimination.
Appellants' jobs were covered by the Forsyth County Civil Service System, whose Handbook allows hearings and appeals for improper demotion, suspension, or dismissal, but not for a reduction in force.
Appellants tendered formal appeals to Carson, the Forsyth County Personnel Services Director, requesting forwarding to the Civil Service Board; Carson denied, ruling a layoff is not an appealable event.
Appellants filed a petition for writ of mandamus against Carson, the Board, and the County to force forwarding of the appeals; the superior court granted a motion to dismiss the petition.
Appellants directly appealed to the Georgia Supreme Court after the mandamus petition was dismissed.
The central issue is whether appellants were required to pursue a discretionary appeal under OCGA § 5-6-35 rather than a direct appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether discretionary appeal under OCGA § 5-6-35 was required	Selke argues the Board decision is mandamus-related and subject to direct appeal.	Carson/County contend discretionary appeal is required for administrative-review mandamus outcomes.	Discretionary appeal required; direct appeal not available.

Ferguson v. Composite State Board of Medical Examiners, 275 Ga. 255 (2002) (mandamus review of administrative ruling requires discretionary appeal)
Dunlap v. City of Atlanta, 272 Ga. 523 (2000) (local government department decisions reviewed by a superior court require discretionary appeal)
Strohecker v. Gwinnett Co. Police Dept., 182 Ga. App. 853 (1987) (superior court review of a police department decision requires discretionary application)
Fulton Co. v. T-Mobile South, 305 Ga. App. 466 (2010) (direct appeal may be proper when matter never submitted to an administrative agency)