Following his termination for misconduct as Greene County’s Buildings and Grounds Maintenance Superintendent, Appellant Dane C. Wallace filed his complaint seeking injunctive relief and damages against Greene County, County Manager Byron Lombard “Lombard”, and County Attorney David C. Moss “Moss” collectively “appellees”. In his complaint, Wallace claimed that the appellees violated OCGA § 9-11-65 b by obtaining an ex parte temporary restraining order “TRO” against him without notice, and that the appellees further violated the Georgia Open Records Act OCGA § 50-18-70 et seq. by failing to respond timely to his request for a copy of his personnel record. The appellees answered, denying the material allegations of the complaint, and thereafter moved for summary judgment. The trial court granted appellees’ motion for summary judgment, from which Wallace appeals. We affirm in part and reverse in part. We review de novo a trial court’s grant of summary judgment, construing the evidence in a light most favorable to the nonmoving party. Talbot County Bd. of Commrs. v. Woodall , 275 Ga. 281 565 SE2d 465 2002. To prevail at summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the nonmovant’s favor, warrant judgment as a matter of law. OCGA § 9-11-56 c. A defendant who will not bear the burden of proof at trial need only show an absence of evidence to support an essential element of the nonmoving party’s case. Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. If the moving party discharges this burden, the nonmoving party cannot rest on its pleadings, but rather must point to specific evidence giving rise to a triable issue. OCGA § 9-11-56 e. Id. Punctuation omitted. Latson v. Boaz , 278 Ga. 113, 113-114 598 SE2d 485 2004. The evidence of record reflects that Wallace previously was employed as Green County’s Buildings and Grounds Maintenance Superintendent. During the course of his employment, Wallace had a history of disciplinary problems. In October 2002, he was suspended for failing a drug test. In January 2003, he was suspended again for behaving belligerently with his supervisor. In February 2003, he was reprimanded for using profanity and making threatening gestures. Thereafter, in April 2003, Wallace was suspended following a physical altercation with another County employee.
Prior to the suspension, Lombard had learned from the County’s 911 Director that Wallace made inappropriate and seemingly threatening comments during a January 27, 2003 conversation with the Director. The 911 Director also told Lombard that on February 18, 2003, other 911 employees stated that they were afraid of Wallace. One of the 911 employees told the 911 Director that Wallace had made comments about how easy it would be to take out Green County by taking out the 911 Center. Several County employees stated that Wallace’s behavior appeared to be erratic and unpredictable.
