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The City of Winder is about to get served.
The city, as well as Finance Director Leslie Ginn and City Administrator Bob Beck, are the three defendents named in a federal discrimination suit that was filed late Friday afternoon in federal court.
The defendents have yet to be served, as the filing will probably be entered into the court system on Monday.
Meanwhile, the City of Winder is keeping its collective mouth shut regarding the lawsuit, which alleges sexual misconduct by current employees.
Prior to Tuesday night’s meeting, the City Council met in an executive session that was aimed at notifying council members of the situation.
Council members were instructed not to speak about the case involving Sue Fowler, a former accounts payable clerk who was released from her position as part of the city’s reorganization in February.
She filed a complaint with the Equal Employment Opportunity Commission regarding her dismissal, and met with the city last week in a mediation.
Sources confirmed that the City had offered a settlement to Fowler, who received a severance package after her employment was terminated, but that the amount was insufficient and rejected.
After the failed mediation, Fowler and her attorney made the decision to move forward in federal court.
Fowler has alleged her termination was the result of filing a sexual harassment complaint againt City Finance Director Leslie Ginn.
Claims surround a business trip to New Orleans where employees visited a strip club, and shared nude photographs during the trip.
Ginn was disciplined by the City after it was found she violated city policies. After an investigation of the matter, it was the decision of City Administrator Beck who made the final determination of Ginn’s discipline, which included an unpaid suspension. Dismissal was an option that could also have been considered.
Beck is appointed by the mayor and council, and is responsible for the daily operations of the city departments, including the finance department, which Ginn heads up.
Beck had formerly headed that department prior to assuming the city administrator post and Ginn had been a member of the financial staff.
According to the financial department’s page on the city website, the department works in alignment with the city’s mission statement and core values, which in part reads: "We recognize and respect diversity of people and support ideas in our work environment. Each of us has an obligation to speak up and an obligation to listen. We encourage constructive contention. We confront issues with mutual respect. We pro-actively communicate and share information with colleagues. We expect the best of each other and ourselves."
Brown spoke with the Barrow County News prior to press time, and stated that while the case was filed in federal court on Friday, it may just be the beginning of charges against the city.
The sexual harassment claim is just one part of the case, Brown said, that is inter-related with other claims.
However, Brown said she expects to "seek to add claims at a later date."
She currently is waiting on the EEOC to issue a notice of right to sue regarding claims in Fowler’s original complaint.
According to the EEOC website, "Any employee or applicant for employment who believes he or she has been discriminated against because of race, color, religion, sex, sexual orientation, age, physical or mental disability, and/or reprisal in an employment matter including Equal Pay Act complaints may file an individual complaint of discrimination."
After the lawsuit is filed, the defendents will be served, Brown said.
Then, typical of discrimination cases, there will be a 20-day period where the city, Ginn and Beck have time to answer the suit.
There will then be a period of time where various documents are required to be filed, to be followed by a discovery period, where for four months witnesses are interviewed, documents are reviewed and each side learns of evidence for the case. Oftentimes, this period is extended.
Unlike a criminal case, which can be relatively short, federal cases like this can be very lengthy.
"These cases, discrimination cases, unless they are resolved early on, they tend to go on for years," Brown said.
