Former Dougherty County administrator’s legal case continues with new counterclaims made

ALBANY – Four Dougherty County Commission members who have been named in a lawsuit filed by a former county administrator whose contract was terminated in 2023 have filed a countersuit in the case seeking to nullify that employment document.

The four Commissioners, Victor Edwards, Gloria Gaines and Clinton Johnson, and Commission Chairman Lorenzo Heard, also asked for reimbursement of their attorney’s fees as well as other unspecified financial relief.

The countersuit, filed March 8 in Dougherty County Superior Court, comes after former administrator Michael McCoy filed a lawsuit in February in which he claimed that he was illegally terminated. McCoy, who was a county employee for more than 25 years, during which time he served as landfill director, assistant county administrator and as county administrator, is seeking $5 million in damages, his reinstatement to his former position and court costs associated with the litigation.

The original suit names the four commissioners as county officials and individually.

In the 51-page countersuit that addresses McCoy’s claims, the four commissioners say they are covered by sovereign immunity, which in some cases can protect elected officials from legal action.

They also deny the claims made by McCoy in his lawsuit, namely:

— The actions of the defendants are unconstitutional, contrary to law and illegal. The actions of the defendants were done oppressively, maliciously, corruptly, or without authority of law, and the defendants intended to injure plaintiff;

— As a direct and proximate result of the defendants’ knowledge, condonation, and ratification of the acts and/or omissions against plaintiff, plaintiff has lost past and future wages and benefits and has otherwise suffered mental anguish, emotional harm and distress, humiliation, embarrassment and physical discomfort.

While at a ribbon-cutting event this week, Edwards told a Herald reporter that the “counterclaim” was filed to “knock down some of” the assertions made by McCoy.

Edwards referred the reporter to County Attorney Alex Shalishali, who along with other attorneys representing the individual commissioners, signed the countersuit.

On Friday, Shalishali said that he does not wish to comment on the pending litigation.

“I think the (filings) that were prepared by our attorneys speak for themselves,” he said. “This dispute will resolve itself in a court of law.”

In addition to the sovereign immunity claim that they say is barred based on “the legislative functions of the various defendants, which are entitled to absolute sovereign immunity,” the four also assert that:

— Some or all of McCoy’s claims are barred by applicable statute of limitations, “including the failure to file the instant lawsuit within the time period required”;

— That some of the claims in the suit are barred because they are already subject of a pending action;

— That the relief sought is not authorized by law;

— The claims are barred “to the extent they seek relief that was not the subject of a charge of discrimination filed within the time required by law with the Equal Employment Opportunity Commission”;

— Claims for breach of contract are based on invalid employment agreement;

— That McCoy was paid for accrued and unused vacation and sick leaver as stated in county policies;

— That “legitimate non-discriminatory reasons exist for all actions taken;

— That the claims are barred in whole or part because they involve privileged communications and that they seek to suppress protected speech.

The countersuit also refers to the claims as “frivolous.”

Albany attorney Maurice King, who is representing McCoy, on Friday said that the statements in the countersuit are nothing new in the overall case as they are the same arguments made in the commissioners’ initial response to his lawsuit.

The commissioners’ approval of a payment covering 12 months of McCoy’s salary, as stipulated by the contract in place at the time of his termination, as well as a check that was signed but never distributed to McCoy indicate the commissioner’s recognition that he was due the money.

The check was dated May 23, 2023, with a gross payment amount of $446,794 and had a net payment amount of $281,729, King said.

“We were able to get a copy of the check,” the attorney said. “They cut it, and then never gave it to him. We take it to mean they knew he had a valid contract and they didn’t want to pay out the contract. We believe it’s part of the retaliation against him.

“You wonder why they cut this check and then didn’t want to pay him the money.”

King also questioned Shalishali’s involvement in the litigation, as he is a witness in the case to an encounter between Edwards and McCoy that is part of the legal filings.

“I don’t think he can be a witness and an attorney litigating the case,” King said. “I don’t really consider that this is a countersuit.

“It doesn’t mean anything. I think what they were doing, Commissioner Heard and them, they were trying to put something out that might scare Mr. McCoy.”

McCoy was terminated in a 4-3 vote, opposed by Commissioners Russell Gray, Anthony Jones and Ed Newsome, during a May 22, 2023, commission work session. After there were questions raised about the legality of that vote, the termination was confirmed on June 5, by the same split 4-3 vote.

A third vote, with the same vote split, was taken following a six-hour personnel hearing held on June 27.

Of the four commissioners named in the lawsuit, Gaines is facing an opponent in the May 21 Democratic primary.

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