Monday, May 10, 2010

DeKalb Ask Judge To Dismiss Former Chief's Suit

You can read the AJC article here, but we like our inside reporter's view better;

As usual with Bolton this was not without last minute attempts to foil the efforts of DeKalb.

The hearing was over the motion to dismiss (filed in March). Bolton's attorney Fitch handed Indermark and Judge Castellani a last minute amendment to Bolton's petition as they walked into the courtroom. Judge Castellani has given Indermark 48 hours to review the appeal and respond.

Bolton argues he was not given a fair hearing (Merit hearing) due to reasons including his termination due to "conduct unbecoming" is Constitutionally vague". Fitch also argued that testimony and evidence was excluded when Ms. Williams weighed her decision. Fitch voiced concerns that Ms. William decision was politically motivated because she was running for office and used Bolton's merit hearing decision as part of her advertising.

Indermark argued that Bolton's petition to the Motion to Dismiss does not plainly set forth the errors. He indicated you can't say a hearing officer ignored this or that, you must be very specific. He said Bolton's amended petition does not support OCJA 5-4-3. Indermark also cited circuit rulings (most from the 1920's because the law has not changed...but did not have state authority when asked by Castellani) using "conduct unbecoming" as grounds for termination and that there was copious evidence/reasons for termination.

Judge Castellani is a no nonsense man. He kept both sides on track and is ready to wrap this up as this case has been pending for a long time.


Anonymous said...

Bolton, please go somewhere!!! All of your last ditch efforts,appeals to try and come back to a county that has NO RESPECT for you.We are SOOO tired of you. DAMN

Anonymous said...

He can't leave his RV burnt down.

Anonymous said...

Hey, I thought Georgia was an "at will" state. Doesn't that mean that you don't even HAVE to have a reason to fire somebody????

Anonymous said...

It's simple, but it's complicated at the same time. You can't be fired because of your race, sex, pregnancy status, etc... But you can be fired for no reason at all. Weird, huh?