Hill v. Watkins

Clayton county sheriff's office employees are afforded to the due process and other protections of the Clayton county Civil Service System Act, Ga. L. 1994 p. 4399.

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Shortly after assuming the office of Sheriff of Clayton County in January 2005, appellant Victor Hill sent notices summarily terminating the employment of 27 employees of the Clayton County Sheriff’s Office, and advising them that they are not entitled to the protections of the Clayton County Civil Service System Act, Ga. L.1994, p. 4399 “the 1994 Act”. Two discharged employees, appellees Holly Watkins and Sherrie Martin hereafter “Watkins”, brought a complaint for declaratory judgment and injunctive relief, asserting that they are subject to the 1994 Act, which affords them due process and prohibits termination without just cause. The trial court agreed with Watkins that employees of the Clayton County Sheriff’s Office are covered by the 1994 Act, and it granted summary judgment in her favor. Hill appeals, asserting that the trial court’s ruling was erroneous in several respects. Finding no error, we affirm. 1. In order to place employees under a county civil service system, specific authorizing legislation must be passed pursuant to a constitutional amendment, or the procedure set out in OCGA § 36-1-21 must be followed. Gwinnett County v. Yates , 265 Ga. 504 1 458 SE2d 791 1995. See OCGA § 36-1-21 d 1 A pursuant to a local constitutional amendment, the General Assembly may provide by law for any civil service or merit system for any county. It is uncontroverted that the statutory method was not utilized in this case. Thus, the question before the Court is whether there was proper authorization under the Georgia Constitution for the specific inclusion of sheriff’s office employees in the 1994 Civil Service Act.

In summary, the 1994 Act was authorized by a 1963 local constitutional amendment, which was continued in effect by legislation enacted in 1986. The history is as follows:

Hill v. Watkins

Clayton county sheriff's office employees are afforded to the due process and other protections of the Clayton county Civil Service System Act, Ga. L. 1994 p. 4399.

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