A decision has been made by Judge David Emerson from the Nov. 22 hearing in the civil trial between Stephanie Woodard, Hall County, and Michelle Daniel.
The civil suit brought in June by Daniel, a former Hall County employee, is for alleged retaliation.
The hearing was whether or not Hall County was liable under the Georgia Whistleblower Act (GWA) due to Woodard being an elected official.
The court ultimately denied the motion, keeping Hall County on the case.
“...the court does not agree that the lack of authority of the county commission itself gives the county government immunity from liability for the alleged actions of the county’s former Solicitor General and/or the county HR director,” the document reads.
Woodard is on the case in her official capacity when she was the Solicitor General before stepping down amid her criminal indictment. This is opposed to her individual capacity, meaning the only issue was Hall County’s status on the case.
Daniel and her counsel, Joey Homans, argued in the November hearing that Hall County is a public employer.
“Hall County certainly has jurisdiction over funds they receive that they provide and they approve for the Solicitor General,” Homans said. “So this effort to divorce Hall County from the Solicitor General in all circumstances fails.”
The defense’s argument was that Hall County can not be held liable for actions taken by an elected official.
While Emerson agreed, saying it is “undisputed” that defendant Woodard was an elected official not under the direct supervision of the Hall County government, he also determined that the Solicitor General does not exist “independently of the county government.”
Also, Daniel raised complaints against Human Resources Director Dr. LisaRae Jones, a hired Hall County employee.
Emerson made the decision on Nov. 29.
