Roach v. Employees Retirement Sys. of Ga.

Evidence that the petitioner engaged in additional misconduct beyond that set forth in her termination letter was relevant to show that her separation from her government position was not involuntary.

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Dorothy Roach appeals from the denial of her petition for mandamus seeking involuntary separation retirement benefits. Roach was discharged from her position as Commissioner of the Department of Administrative Services by Governor Roy Barnes in June 1999 on the basis, inter alia, that she violated OCGA § 47-2-2 c 5 A and 50-5-78 a by engaging in the irresponsible performance of her duties. An employee discharged from employment for irresponsible performance of duties is not entitled to involuntary separation retirement benefits. OCGA § 47-2-2 d. Roach’s discharge from employment was conducted in accordance with OCGA § 47-2-2 g and i, which set forth certain requirements as to an employee’s rights to notice and a hearing prior to the employee’s discharge for the irresponsible performance of duties. Pursuant to OCGA § 47-2-2 j the governor provided a written report upon Roach’s discharge to the board of trustees of the Employees’ Retirement System of Georgia “ERS”.

Relying upon the number of years of her creditable service and the fact that she began her State employment prior to March 31, 1972, Roach applied for enhanced retirement benefits based on her involuntary separation from employment without prejudice pursuant to OCGA § 47-2-123. The ERS denied her application. Roach thereafter filed a petition for mandamus to compel ERS to grant her involuntary separation retirement benefits. After a week-long trial, the jury entered a special verdict finding that Roach engaged in conduct that she knew or should have known would lead to her separation from State employment. The trial court accepted the jury’s finding and denied her mandamus petition because ERS had no legal duty to provide the enhanced benefits to Roach. Finding no error, we affirm.

Roach v. Employees Retirement Sys. of Ga.

Evidence that the petitioner engaged in additional misconduct beyond that set forth in her termination letter was relevant to show that her separation from her government position was not involuntary.

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