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City of Albany, GA v. Pait

Some evidence supported the city manager's decision to terminate a firefighter who pleaded guilty to two counts of theft.

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The City of Albany Fire Department terminated the employment of firefighter Joseph Pait after he pled guilty to two counts of theft. Pait appealed the termination to the city manager, who held an evidentiary hearing and affirmed the decision. Pait filed a petition for writ of certiorari in the superior court against the city, fire chief James Arrowood and deputy fire chief James Carswell. In the petition, Pait sought review of the city manager’s termination decision and also set forth several additional civil counts for damages and other relief. The superior court granted the writ, reversed the city manager’s decision, and reinstated Pait as a firefighter with back pay and benefits. The superior court granted summary judgment to the city, Arrowood and Carswell on all of Pait’s civil claims except for a procedural due process claim. The court awarded attorney fees to Pait pursuant to OCGA § 9-15-14, finding that the city, Arrowood and Carswell had, in numerous instances, acted without substantial justification in defending the termination decision.

In Case No. A15A1180, the city, Arrowood and Carswell appeal, arguing that the superior court erred in finding that there was no evidence supporting the city manager’s decision to terminate Pait’s employment and in finding a procedural due process violation. Because the termination decision was supported by some evidence and there was no procedural due process violation as Pait was given notice and a hearing pursuant to the city personnel ordinance, the superior court’s decision was erroneous and must be reversed. The city, Arrowood and Carswell further challenge the trial court’s lump sum award of attorney fees to Pait under OCGA § 9-15-14. Because such a lump sum award is not allowed without specific findings allocating fees to sanctionable conduct, the attorney fees award is vacated and the case is remanded with direction.

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