McCoy suit against Dougherty County Commission officially filed in Superior Court

ALBANY — Maurice King, the attorney of record for Michael McCoy, who was fired from his position as Dougherty County administrator by four members of the Dougherty County Commission as apparent “payback” for personal grievances the four had against McCoy, has officially filed a lawsuit seeking $5 million in damages, reinstatement and other compensation in Dougherty County Superior Court.

King said the official filing of the lawsuit opens the door to “discovery” that will be used to prove the charges alleged in the suit.

“What the filing of the case means is that we can now ask questions in depositions; we can put these people under oath,” King said Tuesday morning after filing the suit at 4:47 p.m. on Monday. “We can ask questions like whether the commission decided to keep (Barry) Brooks as assistant county administrator in order to terminate McCoy. We can ask Gloria Gaines about the public statements she’s made pertaining to this case.

“Then the question becomes: Will these folks lie under oath? If they tell the truth, then McCoy shouldn’t be terminated. It becomes a simple matter: Will these commissioners tell the truth or will they lie?”

In the 31-page filing, King accuses Dougherty County Commission Chairman Lorenzo Heard and Commissioners Clinton Johnson, Gloria Gaines and Victor Edwards of conspiring to fire McCoy for personal reasons. Each is charged individually and as members of the commission.

While it was not mentioned in the suit, Gaines’ and Heard’s enmity with McCoy dates back to an altercation in 2016 between McCoy, who was then serving as assistant county administrator, and former Commissioner John Hayes, who was subsequently defeated by Edwards.

The suit does mention disagreements between McCoy and Johnson, Edwards and Gaines specifically regarding issues in which the suit says the three instructed McCoy to act in violation of county policy and/or state law. It also outlines the “illegal” terminations of McCoy, voted on three separate times by the board in an effort to get in line with state law but, the suit says, failing to do so.

It notes that Heard was called as a witness in a due process hearing on June 16, then, after completing questioning, made the motion to terminate McCoy, an action that also is in opposition to county ordinances.

The suit notes: This action for injunctive and/or declaratory and other relief is brought pursuant to Georgia law. Plaintiff (McCoy) shows the following:

— 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.

The suit then asks “that a temporary, interlocutory and a permanent injunction be issued in this case to compel the defendants to reinstate McCoy into the position of county administrator with all the rights, salary and benefits associated therewith and to grant him all of the injunctive, prospective injunctive, and prohibitive relief that he has requested.”

For these reasons, the suit says, Plaintiff asks the Court to do the following:

A. Compel the defendants to reinstate Plaintiff into the position of County Administrator with all the rights, salary, and benefits associated therewith;

B. For a trial by jury;

C. Judgment in the amount of at least $5,000,000;

D. That Plaintiff be accorded all of the equitable relief that he is entitled to under Georgia law, including reinstatement into the position of County Administrator;

E. That Plaintiff be accorded nominal damages, general damages, compensatory damages, consequential damages, punitive damages, and any other type of damages allowable under Georgia law;

F. All appropriate incurred attorney’s fees for the defendants’ bad faith, stubbornly litigious conduct and/or for the defendants having caused Plaintiff unnecessary trouble and expense and all court costs;

G. Award to Plaintiff the costs of this action and reasonable attorney’s fees as provided by law; and

H. Grant such additional relief as the court deems proper and just.

King said he doesn’t expect the county to try and settle the case, which it did in an earlier hostile workplace suit in which McCoy was awarded $50,000, but he said any such settlement would have to include reinstatement of McCoy.

“I’m pretty sure we’ll play this thing out,” the attorney said.

Special PhotoFile Photo