There has been an update in the civil case against former Solicitor General Stephanie Woodard and Hall County.
Woodard and the county have filed a reply in support of their motion for partial dismissal of former employee Michelle Daniel’s complaint.
The civil case was brought in June for alleged retaliation by Woodard and the county after Daniel assisted the Georgia Bureau of Investigation (GBI) in their investigation into Woodard.
That investigation resulted in 24 charges of theft by taking and giving false statements being dropped in late August after a plea deal, with the conditions including that Woodard resign and pay $2,219.28 in restitution.
Woodard was charged with one count of unprofessional conduct, a misdemeanor.
Now, the civil trial persists.
The argument lies in whether or not the Georgia Whistleblower Act (GWA) applies to the county in regards to Woodard's individual capacity.
Daniel’s lawyer, Joey Homans, said they sued Woodard in her official capacity for Hall County.
“We’re seeking the lost wages and all the benefits that she’s lost,” Homans said. “Health insurance, retirement benefits, and all other benefits plus just the humiliation of it all.”
The defendants are questioning whether the county can be held liable for the actions of the Solicitor General.
Daniel and her counsel argue that the county is liable for retaliatory acts partially because of the disclosure of her identity to Woodard by the county’s Human Resource Director Dr. LisaRae Jones.
The defendants argue that the Solicitor General’s office is not under jurisdiction of the county and can not control the staffing decisions after Daniel’s identity was revealed to Woodard.
“...even if the Plaintiff were correct (she is not) that the County could be deemed her employer, there still would be no reason to have both the County and the Solicitor-General in her official capacity as defendants,” the filing reads.
Hall County and Stephanie Woodard’s counsel is seeking to dismiss Daniel’s complaints and all GWA claims against them and Woodard in her individual capacity.
In the conclusion of the filing, they said that the only claims remaining should be against the current acting Solicitor General — Stephanie Thompson.
This is due to Georgia code that states when a public officer is a party in an action in their official capacity and they resign or cease to hold office, the successor is substituted as a party.
“I want to make it clear there is nothing in our complaint nor is there anything in our brief that asserts that Stephanie Thompson took actions that are alleged Ms. Woodard undertook,” Homans said.
Homans added that the matter will be heard on Nov. 22.
