September 2021 - Parks & Recreation - 37

recreation department because of
low participation in the programs
she oversaw. The director told her
she could continue working for the
City by accepting reassignment to
a maintenance position that had
just become vacant. In addition,
she was told she would have to take
a pay cut and the City would have
to lay off her son, who was also an
employee. Plaintiff reluctantly accepted
the offer.
The City later amended the
terms of Plaintiff's continued employment.
They agreed that she
could keep her former salary and
continue reporting to her supervisor
in the parks and recreation
department instead of to a new supervisor.
Plaintiff, however, would
have to accept several new conditions
of employment, which were
explained in a letter. The first condition
stated: " Do not involve yourself
in anything associated with the
Cultural Arts Center, " especially
" matters concerning pending litigation,
past or current employees,
volunteers, or anyone associated
with the Cultural Arts Center, unless
you are specifically directed to
do so by your chain of command. "
Other
conditions
prohibited
Plaintiff from discussing her salary,
the job performance of other employees,
and other sensitive matters
with anyone other than her supervisors,
the human resources department
or law enforcement. Plaintiff
also was prohibited from " making
threatening
or disrespectful
remarks
or threats of legal action
about other employees, her chain
of command, or elected officials, "
because such comments were " a
serious form of insubordination. "
The last condition directed Plaintiff
to " sign this letter acknowledging
that you have received and read
the letter and its conditions. " The
letter warned that failure to adhere
to the conditions could result in
disciplinary action, including reduction
in pay or termination.
On March 15, 2018, Plaintiff
met with her parks and recreation
department director and her supervisor.
The director tried to read
the letter to Plaintiff, but she periodically
interrupted him to say
that the allegations were false and
that she was being " railroaded. "
As the meeting progressed, Plaintiff
became more upset and started
hyperventilating. Plaintiff's husband
picked her up from work and
took her to the emergency room.
According to the City's human resources
director, Plaintiff resigned
from her job during the meeting.
Plaintiff, however, contended she
did not resign and was instead fired
for refusing to sign the letter.
Job Termination Lawsuit
Plaintiff sued the City and the
four officials involved in the termination
of her employment,
which included the city manager,
the human resources director, the
parks and recreation director, and
her supervisor. In her complaint,
Plaintiff alleged that the City and
the officials
violated
her
First
Amendment right to freedom of
association. U.S. Const. amends.
I, XIV; 42 U.S.C. § 1983. Plaintiff
also alleged city administrators violated
her civil rights by retaliating
against her for refusing to sign
the letter. U.S. Const. amends. I,
XIV; 42 U.S.C. § 1983. Moreover,
Plaintiff alleged the City violated
the Georgia Whistleblower Act
by retaliating against her for disclosing
the rape allegation. Ga.
Code Ann. § 45-1-4. In addition,
Plaintiff brought a claim against
the city officials
for intentional
infliction of emotional distress
based on the panic attack that she
suffered during the meeting.
The federal district court granted
summary judgment in
favor
of all defendants. In so doing, the
court ruled: " the city and the officials
were entitled to summary
judgment on the federal claims because
they had not limited any of
Plaintiff's protected associational
activities and because the speech
for which they had allegedly retaliated
against her was not a matter
of public concern. "
Plaintiff sued the City and
the four officials involved
in the termination of her
employment, which included
the city manager, the human
resources director, the parks
and recreation director, and
her supervisor.
tiff's
While the court found Plaincomplaint
had sufficiently
alleged a case of retaliation under
the Georgia Whistleblower Act, in
the opinion of the court, Plaintiff
had " failed to introduce evidence
that the proffered reasons for reassignment
and dismissal were pretextual. "
The court further ruled
Plaintiff's claim for intentional infliction
of emotional distress failed
because " reading a letter containing
employment conditions is not
outrageous and extreme conduct "
and " no jury could find that the
defendants intended to harm Plaintiff. "
Plaintiff appealed.
PARK S ANDRECRE AT ION . OR G | SEP T EMBER 2 0 2 1
| Parks & Recreation
37

September 2021 - Parks & Recreation

Table of Contents for the Digital Edition of September 2021 - Parks & Recreation

September 2021 - Parks & Recreation - Intro
September 2021 - Parks & Recreation - Cover1
September 2021 - Parks & Recreation - Cover2
September 2021 - Parks & Recreation - 1
September 2021 - Parks & Recreation - 2
September 2021 - Parks & Recreation - 3
September 2021 - Parks & Recreation - 4
September 2021 - Parks & Recreation - 5
September 2021 - Parks & Recreation - 6
September 2021 - Parks & Recreation - 6a
September 2021 - Parks & Recreation - 6b
September 2021 - Parks & Recreation - 7
September 2021 - Parks & Recreation - 8
September 2021 - Parks & Recreation - 9
September 2021 - Parks & Recreation - 10
September 2021 - Parks & Recreation - 11
September 2021 - Parks & Recreation - 12
September 2021 - Parks & Recreation - 13
September 2021 - Parks & Recreation - 14
September 2021 - Parks & Recreation - 15
September 2021 - Parks & Recreation - 16
September 2021 - Parks & Recreation - 17
September 2021 - Parks & Recreation - 18
September 2021 - Parks & Recreation - 19
September 2021 - Parks & Recreation - 20
September 2021 - Parks & Recreation - 21
September 2021 - Parks & Recreation - 22
September 2021 - Parks & Recreation - 23
September 2021 - Parks & Recreation - 24
September 2021 - Parks & Recreation - 25
September 2021 - Parks & Recreation - 26
September 2021 - Parks & Recreation - 27
September 2021 - Parks & Recreation - 28
September 2021 - Parks & Recreation - 29
September 2021 - Parks & Recreation - 30
September 2021 - Parks & Recreation - 31
September 2021 - Parks & Recreation - 32
September 2021 - Parks & Recreation - 33
September 2021 - Parks & Recreation - 34
September 2021 - Parks & Recreation - 35
September 2021 - Parks & Recreation - 36
September 2021 - Parks & Recreation - 37
September 2021 - Parks & Recreation - 38
September 2021 - Parks & Recreation - 39
September 2021 - Parks & Recreation - 40
September 2021 - Parks & Recreation - 41
September 2021 - Parks & Recreation - 42
September 2021 - Parks & Recreation - 43
September 2021 - Parks & Recreation - 44
September 2021 - Parks & Recreation - 45
September 2021 - Parks & Recreation - 46
September 2021 - Parks & Recreation - 47
September 2021 - Parks & Recreation - 48
September 2021 - Parks & Recreation - 49
September 2021 - Parks & Recreation - 50
September 2021 - Parks & Recreation - 51
September 2021 - Parks & Recreation - 52
September 2021 - Parks & Recreation - 53
September 2021 - Parks & Recreation - 54
September 2021 - Parks & Recreation - 55
September 2021 - Parks & Recreation - 56
September 2021 - Parks & Recreation - 57
September 2021 - Parks & Recreation - 58
September 2021 - Parks & Recreation - 59
September 2021 - Parks & Recreation - 60
September 2021 - Parks & Recreation - 61
September 2021 - Parks & Recreation - 62
September 2021 - Parks & Recreation - 63
September 2021 - Parks & Recreation - 64
September 2021 - Parks & Recreation - 65
September 2021 - Parks & Recreation - 66
September 2021 - Parks & Recreation - 67
September 2021 - Parks & Recreation - 68
September 2021 - Parks & Recreation - 69
September 2021 - Parks & Recreation - 70
September 2021 - Parks & Recreation - 71
September 2021 - Parks & Recreation - 72
September 2021 - Parks & Recreation - Cover3
September 2021 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
https://www.nxtbookmedia.com