Attorney for Mike McCoy files Open Records request concerning Dougherty County administrator search

ALBANY — The ongoing quest to name a permanent Dougherty County administrator took another twist Tuesday when attorney Maurice King sent county officials an open records request asking for the names of the finalists for the position.

King said the county is skirting along the edge of breaking the law in its refusal to name the finalists, which he said now is at three.

“State law dictates how this process works, not individuals on the commission,” said the attorney, who represents current interim Administrator Mike McCoy. “I merely asked for what the public is entitled to under the law.

In an email sent to Dougherty County Clerk Jawahn Ware, King wrote:

Dear Ms. Ware:

The purpose of this letter is to follow up on an oral public documents request that I made on February 26, 2018. I am now requesting in writing the names of the three (3) finalist for the position of County Administrator. O.C.G.A. Section 50-18-72(11) provides in pertinent part as follows: “… (A)ll documents concerning as many as three persons under consideration whom the agency has determined to be the best qualified for the position shall be subject to inspection and copying. Prior to the release of these documents, an agency may allow such person to decline being considered further for the position rather than have documents pertaining to such person released. In that event, the agency shall release the documents of the next most qualified person under consideration who does not decline the position.”

Thank you for your attention to this matter.

County officials were mum on the request and the latest developments in the Dougherty County Commission’s attempt to find a replacement for Richard Crowdis, who announced his plans to retire early last year but was asked to stay an additional month when the board failed to name his successor.

When Crowdis made it clear that he would not extend his stay in the position past January, the County Commission — at the recommendation of Human Resources Director Dominique Hall — named McCoy interim administrator at its Jan. 29 meeting and later announced that McCoy would be compensated during his tenure at a rate that mirrored Crowdis’.

King said in an ante litem notice he sent to the board that District 2 Commissioner John Hayes is attempting to keep McCoy, who has worked with the county from 19 years, from the position out of retaliation for an encounter involving Hayes and McCoy that took place in Savannah. McCoy, who was chaperoning a student government field trip, said Hayes, who was in Savannah for an Association County Commissioners of Georgia meeting, both physically and verbally abused him.

The county later settled a hostile work environment suit brought by King on McCoy’s behalf.

The County Commission has been split along racial lines in its support of McCoy. The three white commissioners — Lamar Hudgins, Ewell Lyle and Commission Chairman Chris Cohilas — have openly declared that they believe McCoy, who is black, is best-suited for the job. The county’s four black commissioners — Hayes, Gloria Gaines, Clinton Johnson and Anthony Jones — have so far voted as a bloc to keep McCoy out of office.

Hayes, Gaines, Johnson and Jones have extended the process of naming a new administrator by voting to ask for additional candidates to be considered.

King’s ante litem notice accused the commission of, among other wrongs, breach of contract, defamation, libel and failure to provide a workplace free of harassment. In that notice, the attorney said he is prepared to file a $3 million lawsuit on McCoy’s behalf.

Ware said Tuesday afternoon she had not yet received King’s Open Records request, and Cohilas said he could not comment on the matter at this time.

County Attorney Spencer Lee said the county will adhere to state Open Records law.

“From what I understand, Mr. King’s request was sent to the county administrator’s office and was later forwarded to me,” Lee said. “I cannot answer any questions about the matter other than to say Mr. King’s request will be answered within the timeframe required by state law, which is three work days.”

An email sent to Hall asking if the county had indeed narrowed its administrator search to three or fewer candidates was not answered by The Albany Herald’s press time.