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Fulton County v. Colon

The whistle-blower statute limits protection for a public employee complaining about fraud, waste and abuse to a complaint related to a state-funded program or operation under the jurisdiction of the public employer.

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Maria Colon and Gwendolyn Warren filed separate actions against Fulton County pursuant to OCGA § 45-1-4, the whistle-blower statute. The related actions alleged that, while employed by the County, Colon and Warren jointly disclosed to County supervisors the manner in which various County employees were violating laws, rules, and regulations, and were fraudulently wasting and abusing County funds and public money, and that they refused to participate in a cover-up of the fraud. The actions further alleged that, in violation of the whistle-blower protection granted under OCGA § 45-1-4, the County retaliated against them by terminating Warren’s employment as Deputy County Manager, and demoting Colon from her employment as an investigative officer for the County’s Office of Professional Standards. Accordingly, the actions sought compensatory damages and other relief provided under OCGA § 45-1-4.

Consolidated for this opinion are Fulton County’s appeals from the trial court’s denial of identical motions filed in each action by which the County sought: 1 dismissal pursuant to OCGA § 9-11-12 b 1 for lack of subject matter jurisdiction on the basis that the County’s sovereign immunity barred the action; and 2 for judgment on the pleadings.1 For the following reasons: 1 we vacate the trial court’s order denying the motions for dismissal pursuant to OCGA § 9-11-12 b 1 for lack of subject matter jurisdiction on the basis of sovereign immunity; and 2 vacate in part and affirm in part the trial court’s order denying the motions for judgment on the pleadings. We remand for proceedings consistent with this opinion.

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