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Union City hit with EEOC complaint

By BEN NELMS
bnelms@TheCitizenNews.com

Long time Union City Utility Billing Coordinator Glenda Norton filed a May 20 complaint with federal Equal Employment Opportunity Commission over treatment she maintains unfolded after an incident in January with former City Administrator Alan Grindstaff. Grindstaff was terminated after an independent investigation was conducted, but was later awarded six months severance benefits by a 3-2 vote of the council.

Norton’s attorney Daniel Ashely said Tuesday that state law requires that Norton provide the city with notice of her claim. That requirement, he said, has been met. From this point it is a matter of engaging in conversations and negotiations in an attempt to resolve this matter in a way that is equitable to both the citizens and Norton and something that is acceptable to the city council, he said.

“The city council, as elected representatives of the people, has to be involved in that process,” Ashley said. “And we look forward to resolving that process without protracted and prolonged litigation. In the event that is not successful we will have no choice but to file a lawsuit. Ms. Norton does not want to engage in this action with a city in which she has spent her entire adult life working, but she may have no alternative.”

Contacted after the council meeting Tuesday, Mayor Ralph Moore said he could not comment on the matter.

The initial incident occurred Jan. 5 when Norton claimed that Grindstaff had grabbed her wrist and blocked her exit from his office at the end of a conversation between the two. They had been discussing various aspects of her interview the previous evening for the vacant city clerk position, according to an Jan. 6 affidavit Norton filed with city court. The affidavit was part of a warrant application Norton filed to have charges brought against Grindstaff. Those charges were denied but the city did authorize an independent investigation by Atlanta Regional Commission’s Director of Communications Tony Landers. In his report to the council, Landers said Grindstaff and Norton essentially agreed on every point in their account of the incident, except “how much force was involved when the city administrator, according to Ms. Norton, restrained her from leaving his office.” Landers said Grindstaff acknowledged that he did put his hands on her but only in a gesture to “try and calm her down, much like you would tap someone on the shoulder, but in this case it was on the wrist.” Grindstaff also acknowledged that the door was closed during that time, Landers said.

In the affidavit, Norton described Grindstaff’s action as involving more than “touching.”

“I started to the door and he rounded his desk, grabbing me by my left wrist and pulling me backwards saying, ‘You are not going to leave this office.’ He would not let me out,” the affidavit said.

Landers said Norton was reported to have been upset prior to, and especially after, the physical portion of the incident. Police reports were made and the matter was adjudicated before a substitute city judge. The judge apparently did not find enough evidence to proceed with charging Grindstaff with simple battery, said Landers.

“What you have there ultimately, in retrospect, is a couple of acts of bad judgment,” said Landers. “Closing the door to enter into a discussion that could potentially be volatile was not a wise thing, I think. It was certainly not a wise thing for him to touch her in any manner. He concedes that both of those points, in retrospect, were inappropriate behavior on his part.”

As a result of Grindstaff’s subsequent termination, Human Resources Director Ski Saxby was appointed as interim City Administrator. Norton maintains that during a conversation between herself and Saxby, she was told that she would no longer be considered for the position of city clerk due to the Jan. 5 incident with Grindstaff, Ashely said. Saxby continued to retaliate, harass, threaten, intimidate and violate Norton’s civil rights as a result of the Jan. 5 incident, thus exasperating the injuries and severe emotional trauma she had sustained, Ashely added.

“As a result of the injuries sustained by Ms. Norton from Mr. Grindstaff the city council properly and appropriately undertook an independent investigation. As a result of that investigation they terminated the city administrator,” said Ashely. “Shortly thereafter they saw fit to fully compensate the former city administrator, notwithstanding the injuries inflicted upon Ms. Norton. Prior to this incident Ms. Norton had received assurances from a minimum of four council members that she would be promoted to the position of Assistant City Clerk, receive her certification and become City Clerk. So here you have an employee that has more than 20 years with the city, with an exemplary employment history.”

“Shortly thereafter, Mr. Saxby is installed as the acting/interim City Administrator, and Ms. Norton is informed that she ‘need not apply’ for the position of city clerk. That is clearly a retaliation for her being a victim of an assault. So she is now being retaliated against by the city administration. We don’t know if the council is aware of it. What we do know is that as a result of her blowing the whistle on Mr. Grindstaff and by calling 911 when she was being incarcerated in his office, a now long time employee of the city is being denied something which she was virtually guaranteed.”

Ashely said Norton has notified the federal government and has received a “right to sue letter.”

“One of the allegations, and the most important allegation that we have been authorized to sue on is the fact that Mr. Saxby has retaliated against Ms. Norton after she blew the whistle on Mr. Grindstaff and has told her she ‘need not apply,’” said Ashely. “The citizens of Union City deserve better from their administration and the city council needs to step to the plate and compensate Ms. Norton for what damages have been inflicted on her, not by the council but by the administration for whom they have exercised responsibility. They hired an independent investigator and they terminated Mr. Grindstaff. They put Mr. Saxby in as an interim administrator and have replaced with with a new administrator. So the council is working in good faith. The problem is that Ms. Norton, who has spent her entire career, her entire adult working life for the citizens, has been punished and she has substantial lost income as a result of the actions of Mr. Saxby and the retaliation she has received.”