Winder hires more lawyers to defend suit

The cost of defending the city government and two top managers in a former clerk’s federal sexual harassment lawsuit has gone up.

But the city government isn’t footing the bill for the two additional law firms retained to defend in their individual capacities finance director Leslie Ginn and city administrator Bob Beck.

The city’s liability insurer, an intergovernmental risk-sharing fund of the Georgia Municipal Association, is covering all of the city’s legal expenses, according to George Van Leuven, manager of the GMA’s Risk Management Services.

He stated Monday in an e-mailed response to the Barrow Journal that the Georgia Interlocal Risk Management Agency has required the retention of separate attorneys for Beck and Ginn.

The city’s policy, which has a $5 million claim limit, requires the city to pay only a $5,000 deductible in connection with any claim, he stated.

Asked if multiple law firms generally are required when there are multiple defendants whose individual defenses could pose conflicts of interest, he responded: “That is usually the reason.”

On Monday, two attorneys with Carothers & Mitchell LLC of Buford filed notices with the U.S. District Court in Gainesville that they are representing Ginn. They are Regina Benton Reid and Richard A. Carothers. Beck’s attorney had not filed a similar notice as of Tuesday afternoon.

Handling the city government’s defense are Sharon P. Morgan and Amy Snell Auffant of Elarbee, Thompson, Sapp & Wilson LLP of Atlanta – as well as city attorney John Stell of Russell, Stell, Smith & Wilson LLP.

Morgan late last week filed a request for a two-week delay in a March 17 deadline for the filing of documents associated with a court-mandated meeting of all attorneys prior to the discovery of evidence for the upcoming trial.

“On March 17, 2010, the discovery period is scheduled to open and the parties are required to file their Initial Disclosures and Joint Preliminary Report and Discovery Plan,” state’s Morgan’s request for the delay.

“As a result of the aforementioned addition of new counsel for Defendants Ginn and Beck, the parties hereby request this Court grant them a two week extension up through and including March 31, 2010 to file their Initial Disclosures and Joint Preliminary Report and Discovery Plan, and for the discovery period to commence.”
Morgan was unavailable for comment this week.

One of the attorneys for Fowler explained that the federal court requires attorneys to meet following the filing of defendants’ answers to suits.

“There is a joint preliminary planning report filed as a result of the conference, and each party also files initial disclosures that the federal rules mandate,” said Kristine Orr Brown of Orr Brown Johnson LLP in Gainesville. “So at the conference, the parties have to discuss discovery, what matters they expect are going to be subject to discovery, and if there will be any necessary enlargement of the discovery period. And they are also mandated to discuss the likelihood of settlement.”

An initial mediation to work out a possible settlement was held prior to the filing of the lawsuit. Fowler’s other attorney is Bill Healan Jr. of Winder.

The lawsuit filed in the U.S. District Court for Northeast Georgia claims that Fowler was laid off in February 2009 in retaliation for having filed a 2008 internal complaint alleging sexual harassment by the finance director.

Fowler claimed at that time that she had lost some job responsibilities and pay in retaliation for socially distancing herself from Ginn.

The city’s internal investigation found that Ginn had violated city policies by some of her actions but that there had been no retaliation against Fowler.

Fowler’s lawsuit also claims that her subsequent termination violated the federal Family Medical Leave Act.

The defendants have denied all of the allegations other than those documented by the city’s internal investigation.