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The City of Winder has not responded to Sue Fowler’s federal lawsuit, and it’s not because they’re dallying around — the City has yet to be served.
Jennifer Keaton, the attorney the City has hired to represent itself, City Administrator Bob Beck and City Finance Director Leslie Ginn, confirmed to the Barrow County News on Tuesday that there had been no action on their part because the lawsuit has yet to be served to them.
Keaton was unable to comment on the matter further.
According to the Clerk of Court’s office at the Federal Courthouse in Gainesville — where Fowler’s attorney, Kristine Brown, initially filed the suit on Friday, Nov. 13 — it is the plaintiff’s job to serve the defendant in a case such as this.
Waiting for a period of time to serve a defendant, according to Brown, is "not atypical," in cases such as these.
Typically, the plaintiff has 120 days to serve the defendant with the case. With Fowler’s lawuist being filed less than two weeks ago, they have more than three months to actually serve the City.
While Fowler’s case is regarding a violation of her rights in connection with sexual harassment within the City Hall, there are additional charges that may be added to the list, regarding a complaint Fowler made with the Equal Employment Opportunity Commission earlier this year. Currently, Fowler and her attorney are waiting to hear from the EEOC, which will give them a "right to sue," regarding that complaint.
Those items will then be added to the lawsuit, according to Brown. The EEOC is usually given 180 days to investigate a claim and decide whether it will give the notice of a "right to sue."
Brown said the lapse in time between filing the case and serving the City is related to the EEOC complaint, and that she would like to be able to add those as quickly as possible after getting a response.
Oftentimes federal cases like these can go on for years.
Fowler alleges she was fired from her position at the City of Winder because she filed a harassment claim against Ginn after a New Orleans business trip resulted in a trip to a strip club, shared inappropriate text messages and photographs, among other allegations.
The City dismissed Fowler as part of its reduction in force in February. The reasons listed for her termination include a reduced activity, reduced work load, salary higher than normal for the position, difficulty with learning details of court clerk responsibilities and the lowest skill level in general accounting.
The Municipal Court Clerk assumed Fowler’s duties, the reorganization plan says, and noted that "there is no other position within the city matching her skill set."
According to information obtained by the Barrow County News in accordance with the Open Records Act, Fowler was given a warning notice on March 27, 2008, a little more than a month after the New Orleans business trip.
Fowler was warned of her unsatisfactory performance and in the write up, it was written "you do a fantastic job with accounts payable. You are one of the best at handling a/p ever," yet due to "comments ... that [Fowler had] not kept up with your responsibilities in a satisfactory manner," Fowler lost the position of Court Administrator. She also lost $3 an hour in wages.
However, two months prior, Ginn had put in for Fowler to receive a 2 percent pay increase via an "Employee Merit Increase Request Form."
On the form, Ginn wrote: "Sue took on the responsibility of Mayor [Buddy] Ouzts’ calendar and scheduling. This responsibility was above and beyond her normal duties. She is always willing to do whatever is needed."
In addition, Fowler’s employee appraisal for the 2007 year shows that on a scale of 1 to 3, Fowler received mostly 3s. The lowest mark she got were two 2.5s, on "timeliness of work" and "initiative/directions."
Ginn wrote in the review that Fowler "only occasionally makes errors."
When Mayor Ouzts left office, he sent a memo to Fowler, thanking her because she "went the extra mile to help me."
In Fowler’s 2006 employee appraisal, the lowest mark Ginn gave her was one 2.5, again for "timeliness of work." Regarding that, Ginn wrote "because of the workload, Sue completes her work by due dates and sometimes ahead of schedule."
Fowler was warned once in 2006 for her job performance regarding some mistakes, yet the write-up states, "Sue has historically demonstrated above average performance."
