MINUTES
COUNCIL OF COLUMBUS, GEORGIA
SPECIALCALLED MEETING
FEBRUARY 21, 2012
The regular meeting of the Council of Columbus, Georgia was called to
order at 9:06 A.M., Tuesday, February 21, 2012, in the Council Chambers,
Government Center, Columbus, Georgia. Honorable Evelyn Turner Pugh, Mayor Pro
Tem presiding.
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PRESENT: Present other than Mayor Pro Tem Evelyn Turner Pugh were Councilors
Mike Baker, Jerry ?Pops? Barnes, Glenn Davis, Berry Henderson, Bruce Huff,
Charles E. McDaniel, Jr., and Judy W. Thomas. Councilor R. Gary Allen arrived
at 9:07 a.m. Councilor Evelyn Woodson arrived at 9:12 a.m. City Attorney
Clifton Fay, Deputy Clerk of Council Sandra Davis, Administrative Technician
Shondell Duncan and Court Reporter Thomas A. Savage were also present.
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ABSENT: City Manager Isaiah Hugley was not in the Council Chambers during the
proceedings. Clerk of Council Tiny B. Washington was absent.
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COUNSEL FOR THE APPELLANT:
Mayor Teresa Tomlinson as the appellant, present with Counsel- Attorney Kirsten
Stevenson and Attorney Alan Snipes from the law firm of Page, Scrantom,
Sprouse, Tucker & Ford.
COUNSEL FOR THE APPELLEE:
Mr. Little J. Lynn- Former employee of the Muscogee County Prison as the
appellee, present with Counsel- Attorney Stacey Jackson
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NOTICE OF APPEAL OF PERSONNEL REVIEW BOARD DECISION:
The appeal of a Personnel Review Board action in the matter of Little J.
Lynn.
OPENING STATEMENT BY APPELLANT:
Attorney Stevenson, came forward to outline the reasons that Mr. Little J.
Lynn was terminated from his employment as lieutenant with the Columbus
Consolidated Government as a lieutenant of the Muscogee County Prison to
include but not limited to: The violation of State and local policies that
apply to employees working in the Muscogee County Prison, use of rank to
channel thousands of taxpayers? dollars to the female correctional officer he
was having an affair with, officers were intimidated and denied fair treatment,
the preferential treatment of Correctional Officer favorable to him and the
compromised safety of the correctional officers under his supervision.
Attorney Stevenson spoke of the Columbus Consolidated Government Policy
with regards to the prohibition of sexual harassment whether the advancements
of the manager are welcomed or unwelcomed, as well as, the violation of the
Georgia Department of Correction?s Policy that prohibits favoritism towards
employees under a person?s chain of command. The failure to report the
relationship that developed between Mr. Lynn and Correctional Officer Angela
Askew.
In conclusion, Attorney Stevenson expounded on the overtime afforded to
Correctional Officer Askew by Mr. Lynn and the denial of other Correctional
Officer?s request for overtime. The recommendation is to uphold the firing of
Mr. Lynn as a Lieutenant at the Muscogee County Prison to avoid future
dysfunction and to keep the prison safe and secure.
At this time, Mayor Pro Tem Turner Pugh provided a breakdown of the time
frame provided for the appeal hearing before the Council and is listed as
follows:
Mayor Pro Tem Turner Pugh then called attention to Ms. Shondell Duncan
from the Clerk of Council?s Office, who is the timekeeper for this proceeding.
Opening Statement by Appellant and Appellee ? 10 minutes each.
Presentation of Appellant?s Case ? 60 minutes.
Short Break
Presentation of Appellee?s Case ? 60 minutes.
Short Break
Rebuttal by Appellant and Appellee - 10 minutes each.
Closing Statement by Appellant and Appellee ? 10 minutes each.
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OPENING STATEMENT BY APPELLEE:
Attorney Stacey Jackson, approached the rostrum to speak of the reason
that has been outlined in a letter from then Interim Warden David Hamrick to
Mr. Lynn dated November 18, 2011 with regards to his termination. It was
Interim Warden Hamrick?s opinion that Mr. Lynn violated the policy with regards
to sexual harassment. The focus should be on that issue and not the opposing
counsels? presentation of employees coming forward to testify about claims of
intimidation; the firing was not for that reason.
Attorney Jackson plans to present that over fifteen years of employment,
Mr. Lynn has not received one disciplinary action against him. He spoke of the
Personnel Review Board?s decision to return Mr. Lynn to work. The
recommendation is to look at the decision based upon progressive discipline,
due to the City?s Policy and the Georgia Department of Correction?s Policy,
termination is an option and not mandatory. Once Mr. Lynn was terminated and
when the Personnel Review Board overturned it, Mr. Lynn was suspended for sixty
days
without pay and this was acceptable and just.
In conclusion, Attorney Jackson asked that Mr. Lynn be allowed to accept
the ruling from the Personnel Review Board for the sixty days suspension
without pay and return him to his previous place of employment.
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PRESENTATION OF APPELLANT?S CASE:
The following employees of the Columbus Consolidated Government were
called to the witness stand to be sworn in and to provide testimony to include
but not limited to: The unfavorable work environment under Mr. Lynn, lack of
requested overtime granted by Correctional Officers, preferential treatment of
certain correctional officers and intimidation and belittling of others under
Mr. Lynn?s leadership. Mr. Stewart Allen Mines spoke of the investigation of
the Muscogee County Prison; in particular, as it relates to Mr. Lynn. Ms.
Debra Sellers- Payroll Supervisor provided information with respect to the
overtime at the Muscogee County Prison. After each witness statement, Attorney
Stacy Jackson was given five minutes to cross-examine. The witnesses are listed
as follows: Mr. Stewart Allen Miner- Department of Corrections, Ms. Debra
Sellers- Payroll Supervisor, Sergeant Bernard Strong- MCP, Correctional
Officer- James Pettaway, Correctional Officer Michael Linsky, Correctional
Officer Alfreda Jernigan
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NOTE: At this time, the Council took a short break and returned to the
Council Chambers at 11:50 a.m.
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PRESENTATION OF APPELLANT?S CASE (Continued):
The following witness took the stand and to speak of but not limited to
the termination of Mr. Lynn, as well as, the Georgia Department of Corrections
and Muscogee County Prison handbook policy violations, the overtime of
Correctional Officer Askew findings and the relationship of Mr. Lynn and
Correctional Officer Askew and was also cross-examined by Attorney Stacy
Jackson: Warden David Hamrick.
At this time, The Appellants rest their case.
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PRESENTATION OF APPELLEE?S CASE:
The following employees of the Columbus Consolidated Government were
called to the witness stand to be sworn in and to provide testimony to include
but not limited to: Te relationship between Mr. Lynn and Correctional Officer
Angela Askew, the distribution of overtime hours with respect to volunteerism
and the lack of observation to intimidation and compromising the safety of
officers or inmates under the leadership of Mr. Lynn. Ms. Debra Sellers
provided statements with regards to overtime for some of the other Muscogee
County Prison employees, some of which having a higher dollar amount than
Correctional Officer Askew. Mr. Lynn provided statements with regards to his
achievement at the Muscogee County Prison and working up the ranks to
lieutenant. After each witness statement, Attorney Stevenson or Attorney
Snipes was then given five minutes to cross-examine. The witnesses are listed
as follows: Ms. Debra Sellers- Payroll Supervisor, Muscogee County Prison
Correctional Officer Angela Askew, Sergeant Albert Gosha- Muscogee County
Prison, Sergeant Freeman Johnson- Muscogee County Prison and Mr. Little J. Lynn.
At this time, The Appellants rest their case.
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NOTE: At this time, the Council took a short break and returned to the
Council Chambers at 12:50 p.m.
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REBUTTAL OF APPELLANT:
The Mayor for the City of Columbus and Public Safety Director- Ms. Teresa
Tomlinson was called to the witness stand to be sworn in and to provide
testimony to include but not limited to: Complaints from the officers of the
Muscogee County Prison, meeting with Former Warden Bill Adamson about his
concerns regarding the prison, the launching of an investigation at the prison,
the naming of Mr. Lynn as the leading faction and the improper relationship
with Correctional Officer Askew. Attorney Stacy Jackson was then given five
minutes to cross-examine.
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REBUTTAL OF APPELLEE:
Correctional Officer Danny Hubbard was called to the witness stand to be
sworn in and to provide testimony to include but not limited to: Overtime
hours of the Muscogee County Prison, meeting with Former Warden Bill Adamson
about his concerns regarding the prison, the launching of an investigation at
the prison, the naming of Mr. Lynn as the leading faction and the improper
relationship with Correctional Officer Askew. Attorney Stevenson declined the
opportunity to cross-examine Officer Hubbard.
At this time, Mayor Pro Tem Turner Pugh asked if Councilors had any
questions and there were none.
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CLOSING STATEMENT OF APPELLANT:
Attorney Stevenson came forward with the closing statement for the
appellant to include but not limited to: Violation of policies, use of
position and power to belittle other officers and distribution of a
considerable amount of overtime to Correctional Officer Askew and denial that
Correctional Officer Askew was his subordinate, misleading information
regarding Correctional Officer Askew?s assignment shift in relation to overtime
hours approved by Mr. Lynn and the lack of disciplinary actions in Mr. Lynn?s
file.
In conclusion, Attorney Stevenson asked that the termination of employment
of Mr. Little Lynn be upheld.
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CLOSING STATEMENT OF APPELLEE:
Attorney Jackson came forward with the closing statement for the appellee
to include but not limited to: The similar testimony presented to the
Personnel Review Board, the considerable amount of overtime pay for other
officers, Correctional Officer Askew?s testimony of a non-threat to her if Mr.
Lynn returns to work and the matters of fair treatment policy violations in the
Fire and EMS Department.
In conclusion, Attorney Jackson asked that the option for disciplinary
action against Mr. Lynn be considered; instead of termination.
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EXECUTIVE SESSION:
Mayor Pro Tem Turner entertained a motion to go into executive session to
deliberate on this personnel matter. Councilor Allen moved to go into
executive session to deliberate the personnel matter. Seconded by Councilor
Barnes and carried unanimously by those ten members present for this meeting.
At 1:32 p.m., the Council adjourned its regular meeting to go into
executive session. At 2:24 p.m., the regular meeting was reconvened and Mayor
Pro Tem Turner Pugh announced that the Council did meet in executive session to
discuss the personnel matter, but no votes were taken.
Councilor McDaniel then made the following motion: To reverse the
decision of the Personnel Review Board and to terminate the employment of Lt.
Little Lynn based upon violation of: 1) GDC/SOP IV014-0001 ?Employee Standards
of Conduct, Page 11, #16 and #17. 2) GDC/SOP IV015-0002 ?Employment of
relatives / special relationships? Page 3, G. Seconded by Councilor Thomas and
carried unanimously by those nine members present: Mayor Pro Tem Turner Pugh
and Councilors, Baker, Barnes, Davis, Henderson, Huff, McDaniel Thomas and
Woodson. Councilor Allen having left the meeting was absent for the vote.
With there being no other business to come before this Council, Councilor
Woodson made a motion to adjourn. Seconded by Councilor Barnes and carried
unanimously by those nine members present with Councilor Allen being absent for
the vote with the time being 2:25 p.m.
Sandra T. Davis, CDMC
Deputy Clerk of Council
Council of Columbus, Georgia
Attachments
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