McCoy files suit against Dougherty County Commission

ALBANY — Ousted Dougherty County Administrator Michael McCoy has filed suit in Dougherty County Superior Court against the Dougherty County Board of Commissioners in his ongoing battle to prove wrongful termination.

McCoy, through his lawyer, Maurice King, filed the suit on Tuesday.

“This (suit) is the next step,” King said Wednesday morning. “It’s really only part of the suit — after this, we plan to file an ante litem notice that puts the county on notice that we intend to bring suit against them.

“This part of the suit is to review the board’s hearing (on June 26), which you have to challenge as part of the process. The reason the county gave for firing Mr. McCoy doesn’t hold water, but the first step we must take is to challenge the hearing.”

The suit charges that during a hearing before the commission on June 26, McCoy was not given the opportunity to present evidence that showed he had not committed the conduct that the commission used as justification for removing him from his position and that there was, indeed, no cause to justify his termination.

The suit also alleges that King was prevented from asking certain questions of witnesses by hearing officer Mark Anthony Scott, a retired Superior Court judge with the Stone Mountain Judicial Circuit, and that McCoy was not guilty of any conduct that would justify his termination. The suit also states that the reason provided for McCoy’s termination was based on a lie.

“We said in the hearing that the basis for termination was a lie, but the hearing officer (Scott) said we couldn’t use the word ‘lie’ in the hearing,” King said. “(In another similar case) I attended, the judge used the word lie.

“During the hearing (which lasted almost eight hours), people told us we ought to just go across the street (to the county courthouse). But we had to participate in the process first.”

McCoy and King had objected to the June 26 hearing, charging lack of specific notice, lack of adequate due process hearing, lack of a disinterested and unbiased decision-maker (Scott) and lack of subpoena power.

The suit says the decision by the board to terminate McCoy was wrong because:

— It was in violation of constitutional or statutory provisions;

— The commission overstepped its statutory authority;

— The hearing was made on unlawful procedures;

— The outcome of the hearing was affected by error of law;

— The outcome of the hearing was erroneous in view of evidence on the record;

— Arbitrary, capricious abuse of discretion was allowed in the hearing by Scott;

— The ruling was contrary to the principles of justice and equity;

— McCoy was denied a due process hearing;

— The burden of proof was erroneously placed on McCoy and did not follow Dougherty County Code;

— McCoy was erroneously denied the opportunity to present certain evidence and to ask questions.

The suit asks for a trial by jury, judgment in the amount of salary and benefits McCoy has lost, reinstatement, attorney’s fees and “other relief the court may deem just and proper.”

The separation notice signed by County Commission Chairman Lorenzo Heard, which is an exhibit included with the case filing, offers as reason for McCoy’s termination, “Failure to exercise good judgment in his decision to appoint an assistant county administrator without discussing the actions with the members of the board in violation of Section 1-3-25(9) of the Dougherty County Code of Ordinances.”

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