By DAVID SIMPSON, TY TAGAMI
The Atlanta Journal-Constitution
Monday, February 23, 2009
DeKalb County Police Chief Terrell Bolton’s lawyer issued a warning Monday that firing Bolton could be a violation of federal law because the chief is on medical leave.
In a nine-page letter, attorney Bill McKenney also denied the allegations against Bolton contained in a “pre-termination” letter sent Friday by Chief Executive Officer Burrell Ellis.
Ellis set a deadline of 10 a.m. Monday for Bolton’s reply to the letter. McKenney’s response to Ellis said the quick deadline was part of what he called “a pattern of obstruction which has prevented Chief Bolton from defending his position, career and reputation.”
Ellis’ letter accused the chief of insubordination, misuse of county property and acts unbecoming an officer. Bolton has denied the allegations. McKenney’s letter detailed those denials but said the response was incomplete because Ellis will not allow Bolton access to his records or staff.
Bolton was on medical leave in early February and was diagnosed as an insulin-dependent diabetic. When he returned Feb. 9, Ellis placed him on a two-week administrative leave.
Last Thursday, McKenney said, he sent Ellis a letter and medical documentation that Bolton had returned to his family home in Texas for medical testing and needed an additional two weeks of sick leave.
McKenney said the leave falls under the federal Family and Medical Leave Act.
“Chief Bolton has federally protected rights afforded to him under the Act and you are cautioned not to take any action regarding his employment status while under said medical leave,” McKenney’s letter said.
A spokesperson for Ellis, Shelia Edwards, said she had no information about Bolton’s status Monday morning.
Monday, February 23, 2009
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12 comments:
Under Dekalb County Policy FMLA cannot be faxed it must be original documentation.....Looks Tebo failed again.
so this is how he plans to keep his job he will never come off of medical leave guess what Tebo your regular leave will run out and you have a snow balls chance in hell to get any donated leave from an officer in dekalb
David Simpson must be a idiot of an news investigator or he's in the pockets of Tebo. Somebody investigate him. Im sure Ellis has done his homework knowing Tebo would try to claim FLMA so he couldn't fire him. It really doesn't matter anyway your @#$ is gone either way. Tebo does't have any leave anymore since under Dekalb County Police you don't get "COMP TIME". So all that Comp Time you took, your Annual leave is probably in the NEGATIVE. You owe Dekalb County Money!
If I'm not mistaken, after either 6weeks on FMLA or 6 month on FMLA, you have to petition the CEO to authorize an extension of FMLA.
Whether he's on FMLA or not, it doesn't make a difference.
While on FMLA, he can't do anything police related. Its not paid leave so he has to burn on all his vacation and sick time...once he burns thru that, he can ask for "Donation of Leave" from fellow county employees. Yeah right!
Even if he's out on FMLA to avoid being fired, Bolton becomes powerless and just a flea on a dog's back.
This is just a scummy lawyer move.
More lies and distortion from the scam artist we call Bolton.
FMLA does not give you blanket immunity from firing. You cannot be fired while on FMLA for excessive absenteeism relating to your FMLA. That's it!
If you broke the rules or violated the law prior to going on FMLA, or while you were on FMLA, you CAN be fired. If you rob a bank while on FMLA, I assure you, the county can and will fire you. If the county finds out you were stealing from the county prior to going on FMLA, I assure you, they can and will fire you. This is just another scam Bolton is trying to pull. We'll see how far this pathetic argument goes in court when the county brings it to the court's attention that Bolton tried to get Keisha to check herself into a mental institution so she would be "immune from being fired." Right there is your evidence he's trying to pull a fast one.
Remember: FMLA law doesn’t protect poor performers from getting fired, as long as they aren’t fired because they took FMLA leave. Just make sure you have the evidence to prove it.
Cite: Smith v. Memorial Hospital Corp., U.S. Court of Appeals, 8th Circuit, No. 01-2821, 9/11/02.
Two words "Diabetic Coma"
what does he plan to do, make us suffer from this fiasco for another 3 months... then fire him.
let it go already! face the facts, you are a sorry excuse for an officer than never should have been hired anyway.
Botlon's response through his lawyer is laughable!
Bolton claims he tried to meet with Ellis numerous times to discuss the issue of comp time with him, but the CEO refused. So, Bolton assumed there was no change in the "policy." Ellis didn't need to meet with you, Bolton, because there is nothing to discuss, if you would just read your employee manual. You are not eligible for comp time, so there is no reason to discuss you getting comp time, get it? Just because the old CEO let you break the rules, you assumed the new one would too? Yeah, run with that defense!!
Here's my challenge to Bolton: find ONE person in the department who hasn't been promoted by you, or given a cushy job by you, who is sad to see you leave! Bring ONE uniformed officer who is sad to see you go to the press.
If we're lucky, the diabetic will get a hold of some sugar plants back in Dallas.
Ok looks like Ellis took care of the snake head...Lets take care of the body now...Start with Franks..He should have been fired years ago...About the time he was a sorry ass Sgt...Roll on Mr. Ellis....The file and ranks support you and I think most of the citizens.
Bolton looked sleazy before he arrived in DeKalb, only good 'ole Vern would have hired him because of his compatibility with Vernon's political personality. This doesn't bode well for the county as the Dallas/Bolton civil case is awaiting a supreme court judgment after four years. I recommend a grand jury to investigate anomalous behavior in the Jones admin, especially the reorganized departments under his administration and the contracts struck. A lot of costs increased in the DeKalb budget under Jones, and the county is paying a lot more for the same services with different contractors.
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