Tuesday, January 7, 2020

DeKalb County pays $320,000 to settle sewage whistleblower lawsuit

DeKalb County commissioners on Tuesday voted to pay $320,000 to a former compliance inspector in the county's Public Works department to settle a federal whistleblower lawsuit against the county.

The unanimous vote to approve the payment came after a 45-minute executive session of the Board of Commissioners. The $320,000 gross payment is in return for dismissal with prejudice of a U.S. District Court lawsuit.

Daisy Abdur-Rahman and another employee, Ryan Petty, were hired by the county in 2004. Their job duties were expanded in 2005 to include "investigating [sanitary sewer overflows]." But they were promptly fired after they repeatedly asked for records of county sewer spills to identify "hot spots" in conjunction with their work monitoring restaurant grease traps. The county contended the workers were "rocking the boat" and fired them for insubordination and disruptive behavior.

Abdur-Rahman and Petty challenged their dismissals, claiming their employment was terminated in retaliation for reporting to their supervisors about the compliance of the county with the Clean Water Act, in violation of rights secured by the Act's whistleblower provision and the First Amendment.

The U.S. 11th Circuit Court of Appeals subsequently agreed with an Administrative Review Board that found their protected activity was a factor in their dismissal.