You're viewing Docket Item 117 from the case McMillan v. DeKalb County, Georgia et al. View the full docket and case details.

Download this document:




Case 1:04-cv-03039-BBM Document 117 Filed 10/11/07 Page 1 of 4

FILED 1N CLER

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA Q

ATLANTA DIVISION

JANE McMILLAN,

Plaintiff,

CIVIL ACTION FILE

vs .

NO . 1 :04WCV-3039-BBM

T ~ ~

C

9

°epLtya.,,

DEKALB COUNTY, GEORGIA,
AND MARILYN BOYD DREW,
IN HER INDIVIDUAL CAPACITY,

Defendants .

CONSENT JUDGMENT

This case was scheduled for trial to begin October 22, 2007 . The parties

have reached a settlement based in material part on their acknowledgment that, had

Plaintiff Jane McMillan ("McMillan") made known to Defendant Marilyn Boyd

Drew ("Drew") certain facts regarding the alleged basis for McMillan's

termination, she would not have been terminated . Drew has contended that she

terminated McMillan for approving a pay rate increase for an employee under her

supervision . In discovery, it was learned that McMillan's supervisor had informed

McMillan that the pay raise for the employee had been approved . The parties now

agree that McMillan was justified in relying upon her supervisor's representations

that the pay increase had been approved .

The parties further agree that, had Drew been made aware of this critical fact

at the time, she would not have terminated McMillan . Inherent in this

1

Case 1:04-cv-03039-BBM Document 117 Filed 10/11/07 Page 2 of 4

understanding between the parties is the fact that McMillan should not have been

terminated, that the termination was not racially motivated, and that Drew made

the decision without knowing the true facts . To remediate this erroneous personnel

decision, the County is hereby ordered to reinstate McMilian to her former position

effective November 1, 2007, retroactive to her date of termination . The

reinstatement will b e affected in a manner to insure that McMillan does not have

any break in service .

The reinstatement will necessitate the recalculation of McMillan's pension

benefits since McMillan's retroactive reinstatement will result in three (3) years

and five (5) months in additional service and pay credit beginning on the date of

her termination through November 2, 2007, when McMillan will resign her

position and retire . This credit will result in an annual increase from her current

pension of $2,461 .00 per year, for an annual pension in the amount of $57,239 .44.

The parties further agree that any future adjustments to McMillan's pension,

including COLA or other authorized increases, shall be made in accordance with

the terms of the DeKalb County Pension Plan . This Order in no way modifies the

terms of the pension plan .

McMillan will receive full backpay for the period of reinstatement, less

those pension payments she received during the period of termination, which

amount is set forth in the Settlement Agreement ("Agreement") . All other terms of

2

Case 1:04-cv-03039-BBM Document 117 Filed 10/11/07 Page 3 of 4

settlement are outside the scope of this Consent Judgment and are set forth in the

Agreement .

IT IS THEREFORE ORDERED that this Judgment be entered as the final

order in the case and that the case be closed with the complaint dismissed with

prejudice .

SO ORDERED this

I t

day of October, 2007 .

. lh,;6r--'i

BEXrERLY B, PARTIN, JUDGE
UNITED ST ES DISTRICT COURT

3

-w

Case 1:04-cv-03039-BBM Document 117 Filed 10/11/07 Page 4 of 4

CONSENTED TO :

z- S2

A. ee Parks
Georgia Bar No . 563750
Andrew Y. Coffman
Georgia Bar No . 173115

PARKS, CHESIN & WALBERT, P
75 Fourteenth Street, Suite 2600
Atlanta, Georgia 30309
Telephone : (404) 873-8000
Facsimile : (404) 873-8050

C

Attorneys for Plaintiff

CONS

0 . 7

r-----'".

.~.---

R ert emar
Georgia Bar No . 600575
ROGERS & HARDIN, LLP
2700 International Tower, Peachtree Center
229 Peachtree Street, Suite 2700
Atlanta, GA 30303
Telephone : (404) 522-4700
Facsimile : (404) 525-2224

Sam L. Brannen, Jr.
Georgia Bar No . 077301
Senior Assistant County Attorney
DeKalb County Law Department
1300 Commerce Drive
Decatur, GA 30030
Telephone : (404) 371-3011

Attorney far Defendants

4