alfred lott Archive

PERJURY: City lawyer says she isn’t the one lying

– July 13, 2011Posted in: Crime, Government, Headlines

By Kevin Hogencamp

Mary LaMont, the city’s former human resources director, has provided documentation that she says supports her earlier claim that Assistant City Attorney Jenise Smith lied under oath during a state labor hearing. But Smith says LaMont is the one who is lying.

At issue is Smith’s testimony during LaMont’s Georgia Department of Labor unemployment compensation hearing following LaMont’s 2010 departure from city hall; the city’s position statement on a discrimination complaint filed by a fired city worker; and audio tapes of city hall discussions secretly recorded by LaMont.

Providing the Labor Department hearing transcript and other public records as evidence, LaMont detailed her allegations that Smith committed perjury in a June 27 letter to the Georgia Bar Association and in a July 5 letter to the Albany City Commission.

The fired city worker’s position statement and some tape recordings contain some information that is contradictory to Smith’s sworn Labor Department testimony. Smith, however, says that another former city worker, Niger Thomas, authored the position statement and that Smith only edited it.

“Nathan Davis, the city attorney, signed the letter to the (U.S.) EEOC (Equal Employment Opportunity Commission). Niger Thomas wrote the EEOC position statement, and Nathan and I edited it,” Smith said Tuesday.

“The complaint is bogus. All of her allegations against me are lies,” Smith added.

Despite the City Commission being made aware of the Bar Association complaint last week, Smith said she said did not know about the Bar complaint until being informed it by a reporter on Tuesday. Smith says she’ll provide The Albany Journal with a more detailed response after having adequate time to review LaMont’s complaint and the associated public records.

LaMont, who resigned her position last year, has tape recordings documenting illegal activity, rules violations and mismanagement by her former boss, former City Manager Alfred Lott, and some of his subordinates. The Albany Journal has reviewed some of those recordings.

In her letter to the Bar Association, LaMont said Smith “committed the offense of perjury multiple times as outlined below during my Georgia Department of Labor (GA DOL) Unemployment Appeal Hearing on August 31, 2010 regarding matters directly relevant to the issues underlying my departure from employment with the City of Albany … and repeatedly committed the offense of perjury multiple times in the City of Albany Respondent’s Position Statement submitted to the Equal Employment Opportunity Commission (EEOC) as detailed below regarding matters directly relevant to the issues underlying my departure from employment with the City of Albany.”

Specifically, LaMont says that Smith committed perjury by testifying that:

- City employee Beverly McCrimmon complained of a pay disparity based on race; public records show that is not the case.

- The fired worker falsely stated on her application that the fired worker has a technical college degree, and that the fired worker had only completed a vocational school course, when public records show that the fired worker has a one-year diploma from what was then named Albany Area Technical College.

- Smith did not know that LaMont had written a letter on March 11 terminating the fired worker until about two weeks later; public records show that on March 12, Smith drafted a new termination letter on Lott’s behalf to – according to Smith – correct errors in LaMont’s March 11 letter.

- The fired worker was the highest-paid human resources administration; public records show that’s not the case.

- The city has four human resources administrator positions; public records show that is not the case.

Georgia law states “Any person who shall knowingly testify falsely, under oath, or shall knowingly make, give, or produce any false statements or false evidence, under oath, to the Commissioner of Labor, or his authorized representatives commits the offense of perjury.”

Further, state law says: “Any employing unit or any officer or agent of an employing unit or any other person who knowingly makes a false statement or representation or who knowingly fails to disclose a material fact in order to prevent or reduce the payment of benefits to any individual entitled thereto or to avoid becoming or remaining subject to this chapter or to avoid or reduce any contribution or other payment required from an employing unit under this chapter or who willfully fails or refuses to make any such contributions or other payment or to furnish any reports required under this chapter or to produce or permit the inspection or copying of records as required under this chapter shall upon conviction be guilty of a misdemeanor and shall be punished by imprisonment not to exceed one year or fined not more than $1,000 or shall be subject to both such fine and imprisonment. Each such act shall constitute a separate offense.”

Former Assistant City Attorney Kathy Strang also says that city officials provided false testimony during her unemployment compensation hearing. Participants in the labor hearings are required to take an oath to tell the truth under threat of being charged with perjury. Strang has been given the green light by the EEOC to file a federal discrimination suit.

LaMont, meanwhile, also is pursuing an EEOC complaint. While LaMont says that the city has attempted to purchase her secret tape recordings from her; Lott and City Commission members refuse to comment on LaMont’s complaints.

Editor’s note: This is LaMont’s Georgia Bar Association complaint.

June 27, 2011

Attn: Paula Frederick, General Counsel

State Bar of Georgia, Office of General Counsel

104 Marietta Street, NW, Suite 100

Atlanta, GA 30303

Dear Paula Frederick:

I am the former Director of Human Resources for the City of Albany where Jenise Shicole Smith is currently employed. I requested and was denied unemployment benefits after the City of Albany’s constructive discharge efforts against me succeeded on July 12, 2010.

Jenise Shicole Smith, GA Bar No. 163920 repeatedly committed the offense of perjury multiple times as outlined below during my Georgia Department of Labor (GA DOL) Unemployment Appeal Hearing on August 31, 2010 regarding matters directly relevant to the issues underlying my departure from employment with the City of Albany.

Jenise Shicole Smith, GA Bar No. 163920 repeatedly committed the offense of perjury multiple times in the City of Albany Respondent’s Position Statement submitted to the Equal Employment Opportunity Commission (EEOC) as detailed below regarding matters directly relevant to the issues underlying my departure from employment with the City of Albany.

I recently obtained a copy of the City of Albany Respondent’s (Jenise Shicole Smith) Position Statement (enclosed for your review) submitted in response to an official EEOC Charge of Discrimination filed by Martha “Faye” Everson (white female). The purpose of this written communication is to submit a written report alerting the State Bar of Georgia to multiple acts of perjury committed by State Bar of Georgia member Jenise Shicole Smith, GA Bar No. 163920.

O.C.G.A. Section 34-2-13(b) explicitly provides:

“Any person who shall knowingly testify falsely, under oath, or shall knowingly make, give, or produce any false statements or false evidence, under oath, to the Commissioner of Labor, or his authorized representatives commits the offense of perjury.”

O.C.G.A. Section 34-8-256 (b) provides:

“Any employing unit or any officer or agent of an employing unit or any other person who knowingly makes a false statement or representation or who knowingly fails to disclose a material fact in order to prevent or reduce the payment of benefits to any individual entitled thereto or to avoid becoming or remaining subject to this chapter or to avoid or reduce any contribution or other payment required from an employing unit under this chapter or who willfully fails or refuses to make any such contributions or other payment or to furnish any reports required under this chapter or to produce or permit the inspection or copying of records as required under this chapter shall upon conviction be guilty of a misdemeanor and shall be punished by imprisonment not to exceed one year or fined not more than $1,000.00 or shall be subject to both such fine and imprisonment. Each such act shall constitute a separate offense.”

Jenise Shicole Smith, (black female) Assistant City Attorney is an Appointed Official who authored (although she did not sign) the City of Albany Respondent’s Position Statement in response to Martha “Faye” Everson’s EEOC Charge of Discrimination (EEOC Official Charge # 410-2010-02479).

Jenise Shicole Smith testified under oath during my August 31, 2010 Georgia Department of Labor (GA DOL) Unemployment Appeal Hearing (transcript enclosed for your review) that an employee (Beverly McCrimmon, black female) who had the same position as Martha “Faye” Everson complained of a pay disparity and alleged it was based on race thereby accusing me of racial discrimination in the hiring and starting pay rate of Martha “Faye” Everson.

I have enclosed a copy of Ms. McCrimmon’s complaint for your review (which I was not permitted to view during my employment with the City of Albany). Ms. McCrimmon’s specific complaint against me was that I, as the HR Director, refused to consider a request for a pay adjustment Ms. McCrimmon requested from her direct supervisor Niger Thomas (black female), EEO Manager. Nowhere in Ms. McCrimmon’s complaint does she mention either her race or the race of Ms. Everson. Nowhere in Ms. McCrimmon’s complaint does she allege racial discrimination or disparate pay based on race. Nowhere in Ms. McCrimmon’s complaint does she mention, include, or exclude the Risk Management division of the HR Department.

Ms. Thomas never informed me of Ms. McCrimmon’s request for consideration of a pay adjustment therefore it is not possible I could have denied a request from Ms. McCrimmon that I had no knowledge of prior to receiving a copy of the complaint on September 4, 2010.

March 11, 2010 Niger Thomas, EEO Manager informed me she and Jenise Shicole Smith had concluded their investigation into the McCrimmon/Everson matter which produced no evidence of any Title VII violation committed by me. Ms. Thomas specifically stated several times that their (Ms. Thomas and Jenise Shicole Smith) investigation concluded the matter was the sole result of administrative errors, not racial discrimination.

I have audiotape recordings of various meetings wherein Niger Thomas, EEO Manager, Jenise Shicole Smith, Assistant City Attorney, and C. Nathan Davis, City Attorney wherein all specifically stated no one was trying to say I did anything wrong, no one was trying to say I wrote a false Termination Letter, and no one was trying to say I was insubordinate. Jenise Shicole Smith continued to communicate all three false accusations (including under oath during my GA DOL Unemployment Appeal Hearing) even after the investigation concluded I committed no wrongdoing and specifically had not committed any Title VII violation.

Regarding the information submitted in the first paragraph under the heading of “Factual Background” Respondent (Jenise Shicole Smith) stated, “On September 25, 2009, Ms. Everson, then 61 years of age, received an employment offer from the (City of Albany) Human Resource Director, Mary LaMont, because, according to Ms. LaMont, Everson possessed 15 years of experience as a Benefits Administrator with her previous employer.” This statement is false and untrue. In addition, this statement is misleading and a self serving attempt to distort the fact that LaVerna Knighton Porter, (black female) Compensation & Benefits Manager made the final recommendation to City Manager Alfred Lott (black male) to hire Ms. Everson as evident by Ms. Knighton Porter’s recommendation letter to City Manager Alfred Lott dated September 17, 2009 (enclosed for your review). City Manager Alfred Lott verified his final approval of Ms. Knighton Porter’s final recommendation after I verified my approval with my signature. Ms. Knighton Porter emailed me a rough draft of Ms. Everson’s Offer letter. I directed Ms. Knighton Porter to edit her draft by removing the sentence stating I approved the pay rate and add signature lines for me to sign verifying my approval. I prefer to apply my signature of approval as opposed to someone alleging I approved something.

An interview panel comprised of 2 black males, 1 black female, 1 white female, 1 white male, and 1 Asian female (all chosen by Ms. Knighton Porter) selected Ms. Everson as the best qualified candidate because of her most recent 15 years of benefits experience with her current Employer, an international organization with more than 1,000 employees.

LaVerna Knighton Porter, Compensation & Benefits Manager was responsible for the recruitment, selection, and hiring of Ms. Everson. I held authority to object to the interview panel and/or Ms. Knighton Porter’s recommendation of Ms. Everson as the best qualified candidate, however I too believed Ms. Everson to be the best qualified candidate for the position based on her almost 23 years of successful experience (as evident by Ms. Knighton Porter’s documentation of Ms. Everson’s prior employment references) administering organizational benefits therefore there was no reason to object to either the interview panel or Ms. Knighton Porter’s recommendation to select (hire) Ms. Everson. Ms. Knighton Porter made a verbal offer to Ms. Everson followed up by her written offer to hire.

Ms. Knighton Porter authored Ms. Everson’s offer letter (See attachment E). I merely signed the document as Ms. Knighton Porter’s direct supervisor and as the Director of the Human Resource Department. The practice of having the department Director sign the official offer letter is a (City of Albany) standard practice regardless of who actually made the hiring recommendation. In Ms. Everson’s case, the hiring manager was LaVerna Knighton Porter, not Mary LaMont.

Regarding the information submitted in the first sentence of the second paragraph under the heading of “Factual Background” Respondent (Jenise Shicole Smith) stated, “On March 1, 2010, approximately 5 months after Everson began working in the department, a fellow Human Resources Administrator in the Employee & Organizational Development division filed an internal EEO complaint against Ms. LaMont.” This statement is false and untrue. In addition, the statement is a misleading and self-serving attempt to distort the fact that Ms. McCrimmon filed an internal Grievance Statement stating that I, Mary LaMont, HR Director refused to give any consideration to Ms. McCrimmon’s request for a salary adjustment to reflect 13 years of service. Ms. McCrimmon was one day shy of completing 12 years of service, not 13. Ms. McCrimmon filed a Grievance Statement seeking a pay adjustment, not an EEO complaint alleging racial discrimination and/or disparate pay based on race. In fact, Ms. McCrimmon makes absolutely no mention in her Grievance Statement of her race or the comparative employee’s race. Ms. Thomas never informed me of Ms. McCrimmon’s request for a pay adjustment and in fact, it was this lie Ms. Thomas stated to Ms. McCrimmon that led to Ms. McCrimmon filing a complaint against me. Specifically it was Ms. Thomas who refused to consider Ms. McCrimmon’s request for a pay adjustment by refusing to inform me that Ms. McCrimmon had made a request for consideration for a pay rate adjustment.

Regarding the information submitted in the second sentence of the second paragraph under the heading of “Factual Background” Respondent (Jenise Shicole Smith) stated, “The internal complainant filed the complaint after learning that Everson was the highest paid Human Resources Administrator, excluding the Risk Management Division.” This statement is false and untrue. In addition, the statement is a misleading and self-serving attempt to distort the fact that Ms. McCrimmon’s Grievance Statement reflects Ms. McCrimmon makes no mention or comparison of her salary to any HR Administrator other than Ms. Everson. Ms. McCrimmon makes absolutely no mention of Ms. Everson or anyone else being the “highest-paid HR Administrator.” Ms. McCrimmon, in her Grievance Statement, makes absolutely no mention, reference, comparison, or exclusion of the Risk Management Division.

A comparison of all HR Administrator salaries (available for your review upon request) reflects Joyce Clark, (black female), HR Administrator, Workers’ Compensation was the highest paid HR Administrator (with less experience than either Ms. McCrimmon, HR Administrator, OED/EEO or Ms. Everson, HR Administrator, Compensation & Benefits). Ms. Clark’s hourly rate was $2.07 more than Ms. McCrimmon’s and $1.22 more than Ms. Everson. Ms. Everson’s salary was only $0.85 per hour more than Ms. McCrimmon’s although Ms. Everson possessed double the amount of experience as Ms. McCrimmon.

Regarding the information submitted in the first sentence of the third paragraph under the heading of “Factual Background” Respondent (Jenise Shicole Smith) stated, “First, Everson’s application indicated that her highest level of education was college.” This statement is false and untrue. In addition, the statement is a misleading and self-serving attempt to distort the fact that Ms. Everson answered the questions “What is your highest level of education?” and “Which best describes your level of education?” by typing “Technical College” as her responses. In light of the fact that Albany Area Vocational School was later renamed Albany Technical School, and then later renamed again to its current name of Albany Technical College indicates Ms. Everson’s response to these questions are in fact true. The current name of the education institute from which Ms. Everson graduated and was awarded a Vocational Diploma in Accounting is Albany Technical College.

Based solely on the information Ms. Everson provided in her application, Niger Thomas, EEO Manager was able to instantly identify the correct educational institute to contact to verify Ms. Everson’s education as stated on her employment application. Ms. Thomas verified the information Ms. Everson reported on her (City of Albany) employment application with Albany Technical College. Albany Technical College verified that in fact Ms. Everson had attended their institute in 1976 and 1977, Ms. Everson had successfully completed a one-year Accounting Program (not just a single course in Accounting as alleged by Jenise Shicole Smith), Ms. Everson had in fact graduated upon successful completion of the Accounting Program, and Ms. Everson had in fact been awarded a Diploma from Albany Technical College in 1977 when the institute was known as Albany Area Vocational School.

For the purpose of clarity, on March 10, 2010 during the meeting between Alfred Lott, (black male), City Manager, Jenise Shicole Smith, (black female) Assistant City Attorney, and Niger Thomas, (black female), EEO Manager, and myself wherein I was directed to terminate Ms. Everson, the only alleged falsification of an application the City of Albany alleged at that time against Ms. Everson was that Ms. Everson stated on her employment application that she possessed an AS Degree in Accounting, which the EEO manager had verified Ms. Everson did not possess. During this meeting, there was never any allegation of any other incident of falsification of an application or any other wrongdoing.

During the meeting with City Manager Alfred Lott and Wes Smith, Assistant City Manager (during which Jenise Shicole Smith was constantly in and out of the meeting as a legal consultant to Alfred Lott) that occurred the morning of March 12, 2010, which was the morning after I terminated Ms. Everson, City Manager Alfred Lott permitted me to review what the City was alleging was Ms. Everson’s statement on her application that Ms. Everson possessed an AS Degree. The falsification identified to me by City Manager Alfred Lott and Assistant City Attorney Jenise Shicole Smith was where Ms. Everson chose the word “Vocational” beside the words “Degree Received.” At that time I informed everyone present (including Jenise Shicole Smith) that Vocational was, by its very definition, below the Degree level and as such, Ms. Everson did not state or in any way indicate anywhere on her application or resume` that she possessed an AS Degree. Jenise Shicole Smith responded to the information by questioning how the City of Albany as the Employer could have known that Vocational was not an AS Degree. I responded it was my job to know the hierarchy of educational achievements and someone could have asked the City’s Human Resource Director or contacted the Albany Technical College for verification before immediately submitting a recommendation to terminate.

It was during this March 12, 2010 meeting that Jenise Shicole Smith began to suggest different possibilities as to what information the City of Albany could allege as being a falsification of an application. It is most telling that the original falsification of an application termination reason (i.e. Ms. Everson falsely stated she possessed an AS Degree) was not included in the Respondent’s (Jenise Shicole Smith) Position Statement submitted to the EEOC.

Regarding the information submitted in the second sentence of the third paragraph under the heading of “Factual Background” Respondent (Jenise Shicole Smith) stated, “However, further review of Everson’s personnel file revealed that she attended technical school, instead of college.” This statement is false and untrue. In addition, the statement is a misleading and self-serving attempt to distort the fact that a review of page 2 of Ms. Everson’s application (enclosed for your review) reveals Ms. Everson attended Albany Area Vocational School, which today is known as Albany Technical College. Nowhere in Ms. Everson’s application or resume` does Ms. Everson state or indicate she attended “technical school, instead of college.”

Regarding the information submitted in the third and fourth sentences of the third paragraph under the heading of “Factual Background” Respondent (Jenise Shicole Smith) stated, “Second, and more significant, Everson indicated on her employment application that she graduated from Albany Technical College, but a review of her personnel file revealed that this information was false. In fact, Everson merely attended Albany Technical School and received a Diploma, not a Degree, for completing a course in Accounting.” This statement is false and untrue. In addition, the statement is a misleading and self-serving attempt to distort the fact that Ms. Thomas, EEO Manager verified with Albany Technical College that Ms. Everson did in fact successfully complete a one-year Accounting Program (for which she was awarded a Diploma from their educational institute), not merely a “course in Accounting” as alleged by Jenise Shicole Smith who prepared the Respondent’s (City of Albany) Position Statement in response to Ms. Everson’s EEOC Charge. Furthermore, Ms. Thomas, EEO Manager verified that in fact Ms. Everson did graduate and was awarded a Diploma in honor of her successful completion of the Accounting Program, not merely completion of one Accounting course. Nowhere in Ms. Everson’s application does she state or indicate she was awarded or possessed a Degree.

I have an audiotape recording and transcript of a meeting that occurred for the purpose of discussion of the City of Albany’s preparation to participate in an EEOC mediation concerning Ms. Everson’s official EEOC Charge. During this mediation preparation meeting, Jenise Shicole Smith and C. Nathan Davis, City Attorney argued that no one could graduate without receiving a Degree and since Ms. Everson received a Diploma and not a Degree, she could not have graduated therefore Ms. Everson’s statement that she graduated was false. I questioned all the meeting attendees (Nathan Davis, Jenise Shicole Smith, and Niger Thomas) as to whether they graduated from high school and if so, did they receive a Diploma – not a Degree in recognition of their educational achievement. All responded in the affirmative.

During the above referenced meeting, I reminded the attendees that the only falsification alleged on March 10, 2010 when I was directed to terminate Ms. Everson was that Ms. Everson falsely stated on her application that she possessed an AS Degree. There was no other allegation of any other incident of falsification of an application alleged at that time. Furthermore, the only allegation of falsification of an application that I was informed of on March 10, 2010 turned out not to be a falsification. March 12, 2010 was the first time other falsifications were alleged. I again explained that all Vocational achievements are below the Degree level. Jenise Shicole Smith again asked how the City of Albany as the Employer could have known that Vocational was not a Degree. Niger Thomas stated she too inferred Ms. Everson was implying she had an AS Degree by choosing Vocational from the drop down menu.

Regarding the information submitted in the fifth sentence of the third paragraph under the heading of “Factual Background” Respondent (Jenise Shicole Smith) stated, “Last, according to Everson’s employment application and personnel file, her most recent level of education was a GED.” This statement is false and untrue. In addition, the statement is a misleading and self-serving attempt to distort the fact that during the 1970s, a high school Diploma or GED was not a prerequisite required before admission into any vocational and/or technical school. Vocational and technical achievements are post-secondary educational achievements above the GED and high school Diploma level. Ms. Everson’s achievement of her GED 17 years after her Accounting Diploma achievement does not indicate the Accounting Diploma is an achievement below the high school level.

I expressed my concern with the fact that a “scenario” had been performed by Jenise Shicole Smith to determine the least litigious (most defensible) reason to terminate Ms. Everson. I repeatedly voiced my belief that I was chosen to terminate Ms. Everson solely because of my skin color (white and the same race as Ms. Everson). I expressed concern that all information regarding the McCrimmon/Everson matter had been withheld from me and all the usual white participants involved in internal grievances and investigations had been removed and replaced by all black participants.

Regarding the information submitted in the last sentence of the fourth paragraph under the heading of “Factual Background” Respondent (Jenise Shicole Smith) stated, “Upon learning these facts, Alfred Lott directed Ms. LaMont, Everson’s most senior supervisor, to terminate Everson’s employment due to the false information that she provided on her employment application.” This statement is false and untrue. In addition, the statement is a misleading and self-serving attempt to distort the fact that Ms. Everson’s direct supervisor prior to and during the time Ms. Everson was terminated was Entra Holly Blackmon, (black male) Interim Compensation & Benefits Manager. Mr. Blackmon was not informed of the allegation against Ms. Everson until after Ms. Everson was terminated and Mr. Blackmon was not involved in the investigation or recommendation to terminate Ms. Everson. There did not exist a conflict of interest with Mr. Blackmon being involved in the McCrimmon or Everson matters. There exists no defensible reason for why Mr. Blackmon could not or should not have been directed to terminate one of his direct subordinates. Mr. Blackmon was Ms. Everson’s direct supervisor and Ms. Everson was Mr. Blackmon’s direct subordinate employee. It is telling that the Respondent (City of Albany) failed to inform the EEOC of this very relevant fact.

Regarding the information submitted in the first and second sentences of the fifth paragraph under the heading of “Factual Background” Respondent (Jenise Shicole Smith) stated, “On March 11, 2010, Ms. LaMont issued a Termination Letter to Everson. Ms. LaMont’s letter, however, blatantly omits the reason why Everson was terminated and completely ignores Alfred Lott’s explicit directive to Ms. LaMont to terminate Everson because of the false information she provided on her application.” This statement is false and untrue. In addition, the statement is a misleading and self-serving attempt to distort the fact that I wrote Ms. Everson’s Termination Letter based solely on what Alfred Lott, City Manager identified as the termination reason on March 10, 2010 when he directed me to terminate Ms. Everson and what Niger Thomas explained to me previously about neither Ms. Everson or Ms. McCrimmon meeting the minimum qualifications of their positions. Alfred Lott, City Manager informed me Ms. Everson falsified her application by stating she had an AS Degree she did not possess, that he did not know if the falsification was intentional or not, and to give Ms. Everson a 30-day severance. I deduced that Ms. Everson must have assumed her Accounting Diploma was the equivalent of an AS Degree, so perhaps this is why she thought she met the minimum requirements and why she stated she possessed an AS Degree when in fact she did not. In my haste to prepare a written termination notice prior to meeting with Ms. Everson, I did not state the words falsification of an application in the termination notification letter, however I did inform Ms. Everson verbally during her termination meeting that she was being terminated for falsification of an application, specifically stating on her employment application that she possessed an AS Degree she did not possess.

March 12, 2010, I typed and submitted (to Niger Thomas, EEO Manager as requested the morning following Ms. Everson’s termination meeting) a list of the questions Ms. Everson asked during her termination meeting on March 11, 2010. Ms. Thomas immediately submitted the questions to Jenise Shicole Smith who immediately delivered the list of questions to Alfred Lott, City Manager. Within a few minutes of submitting Ms. Everson’s questions to Ms. Thomas, I was directed to report immediately to the City Manager’s office with a copy of Ms. Everson’s Termination Letter. After Alfred Lott, City Manager and Jenise Shicole Smith, Assistant City Attorney finished reading the Termination Letter I wrote and Ms. Everson’s 13 questions, Alfred Lott, City Manager and Jenise Shicole Smith, Assistant City Attorney both refused to consider Ms. Everson’s questions as evidence that I had in fact informed Ms. Everson that the City of Albany was terminating her employment due to falsification of an application.

Regarding the information submitted in the third sentence of the fifth paragraph under the heading of “Factual Background” Respondent (Jenise Shicole Smith) stated, “After learning of Ms. LaMont’s failure to follow his directive, Alfred Lott submitted a second Termination Letter to Everson, on March 12, 2010, to correct the error and inform Everson that she was terminated for submitting false information on her application.” This statement is false and untrue. In addition, the statement is a misleading and self-serving attempt to distort the fact that I observed Jenise Shicole Smith type the second Termination Letter to Ms. Everson on the computer of Alfred Lott’s executive assistant, (Deborah Brown) on the morning of March 12, 2010 (enclosed for your review). Jenise Shicole Smith delivered the second Termination Letter to Alfred Lott, City Manager for his signature during the March 12, 2010 morning meeting after Alfred Lott and Jenise Shicole Smith read the Termination Letter I wrote. The second Termination Letter reflects Jenise Shicole Smith’s initials (jss) as the author of the document.

In the Respondent’s (Jenise Shicole Smith) Position Statement, Jenise Shicole Smith stated Alfred Lott signed the second Termination Letter. Jenise Shicole Smith omitted the fact that she, not Alfred Lott authored the second Termination Letter “to correct the error” in the Termination Letter I wrote.

Just over a month after submitting the Respondent’s (Jenise Shicole Smith) Position Statement to the EEOC, Jenise Shicole Smith falsely testified to a completely different account of this matter by testifying under oath to the GA DOL that she did not see the Termination Letter I wrote to Ms. Everson until weeks after Ms. Everson was terminated. Jenise Shicole Smith further falsely testified that the second Termination Letter was written in response to the list of questions Ms. Everson asked during her termination meeting and that Jenise Shicole Smith had no knowledge of the Termination Letter I wrote or if in fact I had given a Termination Letter to Ms. Everson at the time Ms. Everson was terminated.

Jenise Shicole Smith knowingly and willingly, falsely and misleadingly insinuated that her investigation concluded I had committed the Title VII violations she testified Ms. McCrimmon alleged, specifically racial discrimination and disparate pay based on race in the hiring and starting pay rate of Ms. Everson. Jenise Shicole Smith misleadingly withheld the relevant fact that Niger Thomas and Jenise Shicole Smith’s investigation concluded no such violations occurred after their investigation failed to produce any evidence of Title VII violation.

Regarding the information submitted in the third and fourth sentences of the first paragraph under the heading of “Race & Age Deciscrimination Allegations” Respondent (Jenise Shicole Smith) stated, “Ms. LaMont, a white female, thus a member of Everson’s protected class, made the final recommendation to hire Everson. Moreover, City Manager, Alfred Lott, a black male, upheld Ms. LaMont’s decision to hire Everson.” This statement is false and untrue. In addition, the statement is a misleading and self-serving attempt to distort the fact that LaVerna Knighton Porter, a black female and thus not a member of Everson’s protected class, made the final recommendation to hire Ms. Everson. City Manager Alfred Lott upheld Ms. Knighton Porter’s recommendation.

Regarding the information submitted in the sixth sentence of the first paragraph under the heading of “Race & Age Deciscrimination Allegations” Respondent (Jenise Shicole Smith) stated, “Alfred Lott directed Ms. LaMont to terminate Everson only after learning that Everson provided false information on her application.” This statement is false and untrue. In addition, the statement is a misleading and self-serving attempt to distort the fact that Alfred Lott directed me to terminate Ms. Everson only after Jenise Shicole Smith falsely alleged to Alfred Lott, City Manager that a black female employee filed an internal EEO complaint against the white HR Director for racial discrimination and disparate pay on the basis of race.

Jenise Shicole Smith knowingly and willingly falsely testified under oath on August 31, 2010 that Alfred Lott, City Manager made the recommendation to terminate Ms. Everson. The City Manager is the final decision maker concerning all matters involving all City of Albany employees and as such, Alfred Lott, City Manager received and upheld Jenise Shicole Smith’s recommendation to terminate Ms. Everson. Jenise Shicole Smith neglected to inform either the GA DOL or the EEOC that it was Jenise Shicole Smith who made the recommendation to terminate Ms. Everson or that Jenise Shicole Smith, in her position as Assistant City Attorney, had no authority (under either the City Charter or the City of Albany Personnel Management System (PMS) to make any recommendation to retain or terminate any employee.

Jenise Shicole Smith advised Alfred Lott that Ms. McCrimmon had a prima fascia case due to the fact that Ms. Everson and I are both white and on that basis recommended Ms. Everson’s termination as an acceptable resolution to Ms. McCrimmon’s EEO complaint. It is most telling that the Respondent (Jenise Shicole Smith) neglected to provide the EEOC with a copy of Ms. McCrimmon’s Grievance Statement.

Jenise Shicole Smith knowingly and willingly committed perjury when she testified under oath on August 31, 2010 during my GA DOL Unemployment Appeal Hearing that my conduct was being investigated. Jenise Shicole Smith withheld the fact from the GA DOL that it was “alleged” conduct ultimately determined to be without merit. Jenise Shicole Smith had full knowledge on August 31, 2010 that the investigation she assisted in concluded there was no evidence of any Title VII violation committed by me. Jenise Shicole Smith had full knowledge on August 31, 2010 that the investigation she assisted in concluded there was no evidence that I had participated in any wrongdoing, however Jenise Shicole Smith continued to make intentionally misleading statements insinuating I participated in racial discrimination.

Jenise Shicole Smith knowingly and willingly testified falsely under oath on August 31, 2010 that there were only four HR Administrator positions. Jenise Shicole Smith had and has full knowledge that there are five HR Administrator positions.

Jenise Shicole Smith knowingly and willingly testified under oath on August 31, 2010 that the Beverly McCrimmon filed an internal EEO complaint and alleged that Ms. Everson was the highest paid HR Administrator. This statement is false and untrue. In addition, the statement is a misleading and self-serving attempt to distort the fact that Ms. McCrimmon did not file an internal EEO complaint; Ms. McCrimmon filed an internal Grievance Statement. Ms. McCrimmon made no statement in her Grievance Statement alleging Ms. Everson was the highest paid HR Administrator. In fact, Ms. McCrimmon made no reference at all to the highest paid HR Administrator. I informed Jenise Shicole Smith on March 12, 2010 that Joyce Clark, HR Administrator, Workers’ Compensation was the highest paid HR Administrator at both the time Ms. Everson was hired and at the time Ms. Everson was terminated. In fact Ms. Clark’s rate of pay was $2.07 per hour more than Ms. McCrimmon and $1.22 per hour more than the rate offered to Ms. Everson.

Jenise Shicole Smith knowingly and willingly testified falsely under oath on August 31, 2010 that Ms. Everson stated on her application that Ms. Everson had a Degree from Albany Technical College. This statement is false and untrue. In addition, the statement is a misleading and self-serving attempt to distort the fact that nowhere in Ms. Everson’s application or resume` does it state Ms. Everson has any Degree from any educational institute. In fact, Ms. Everson’s application and resume` both reflect Ms. Everson’s highest educational achievement is Vocational. I have several audiotape recordings wherein I informed Jenise Shicole Smith, Niger Thomas, and Nathan Davis that a Vocational achievement is either a Certificate or Diploma and that by its very definition Vocational is below the Degree level. Jenise Shicole Smith responded by asking, “How were we as the Employer supposed to know that?” While Jenise Shicole Smith may argue she did not know Vocational was not a Degree at the time Jenise Shicole Smith recommended Ms. Everson’s termination, but there is no doubt Jenise Shicole Smith had full knowledge on August 31, 2010 that Vocational was not a Degree.

Niger Thomas stated in the presence of myself, Jenise Shicole Smith, and Nathan Davis that Ms. Thomas had contacted Albany Technical College and confirmed that Ms. Everson had attended Albany Technical College’s educational institute in 1976 and 1977, Ms. Everson had successfully completed a one-year Accounting Program, and Ms. Everson had been awarded a Diploma in recognition of Ms. Everson’s successful completion of the one-year Accounting Program (audio recording transcript available for your review upon request).

Jenise Shicole Smith knowingly and willingly testified falsely under oath on August 31, 2010 that Niger Thomas, EEO Manager contacted Albany Technical College and confirmed Ms. Everson went to Albany Technical School in 1977, but she received a Diploma for completing “a course” in Accounting. This statement is false and untrue. In addition, the statement is a misleading and self-serving attempt to distort the fact that Jenise Shicole Smith had full knowledge long before August 31, 2010 that in fact Ms. Everson had successfully completed a one-year Accounting Program and not just the one Accounting course Jenise Shicole Smith alleged at the time Jenise Shicole Smith recommended Ms. Everson’s termination.

March 10, 2010 I was directed by Alfred Lott, City Manager to terminate Ms. Everson for falsifying her application by stating she had an AS Degree she did not possess. Alfred Lott, City Manager further informed me it had not been determined whether the falsification was intentional or not and directed me to give Ms. Everson a 30-day severance.

Jenise Shicole Smith knowingly and willingly testified falsely under oath on August 31, 2010 when she stated, “And basically, the recommendation from the City Manager, it was more in – - it was that she (Ms. Everson) should be terminated simply for the false information that she provided on her application.” Audio recordings of Wes Smith, Niger Thomas, and Alfred Lott all reveal it was Jenise Shicole Smith who recommended to Alfred Lott, City Manager that Ms. Everson be terminated for falsification of an application and Alfred Lott, City Manager upheld Jenise Shicole Smith’s recommendation. Jenise Shicole Smith had full knowledge on August 31, 2010 that it was Jenise Shicole Smith and not Alfred Lott, City Manager who recommended Ms. Everson’s termination.

Jenise Shicole Smith knowingly and willingly testified falsely under oath on August 31, 2010 that she had no knowledge of the Termination Letter I wrote to Ms. Everson on March 11, 2010 until weeks after Ms. Everson was terminated. I have consistently maintained that I reported to City Manager Alfred Lott’s office on the morning of March 12, 2010 (the morning after I terminated Ms. Everson) and delivered a copy of the March 11, 2010 Termination Letter to Alfred Lott, City Manager in the presence of Jenise Shicole Smith.

July 22, 2010 the City Attorney’s office submitted the Respondent’s (Jenise Shicole Smith) Position Statement to Martha “Faye” Everson’s Official EEOC Charge of Discrimination It is telling that this document submitted to a Federal Agency, specifically the EEOC omits the original falsification of an application allegation that made the basis of Jenise Shicole Smith’s recommendation to terminate Ms. Everson, specifically that Ms. Everson stated on her application that Ms. Everson held an AS Degree she does not hold.

Jenise Shicole Smith knowingly and willingly testified falsely multiple times under oath on August 31, 2010 that on March 12, 2010 Jenise Shicole Smith was not aware until weeks after Ms. Everson’s termination that I wrote a Termination Letter to Ms. Everson on March 11, 2010.

Jenise Shicole Smith knowingly and willingly testified falsely under oath multiple times on August 31, 2010 that Jenise Shicole Smith did not know until weeks after March 11, 2010 if I gave Ms. Everson a Termination Letter on March 11, 2010.

Jenise Shicole Smith knowingly and willingly testified falsely under oath on August 31, 2010 that (on March 12, 2010 when Jenise Shicole Smith authored the second Termination Letter) that Jenise Shicole Smith did not know what the actual Termination Letter said to Ms. Everson at the time Jenise Shicole Smith authored the second Termination Letter that Alfred Lott, City Manager signed on March 12, 2010.

Jenise Shicole Smith knowingly and willingly testified falsely under oath on August 31, 2010 by stating, “Um and, basically, I think the EE, um O Manager, she discovered the letter in her mailbox. Basically, she was going through papers in her mailbox and she was like, I found this letter. It’s Faye — the Faye Everson Termination Letter. And, so, as I said before, we discovered that letter — I saw that letter for the first time, I think, it was weeks after. I can’t say how many weeks, but definitely, probably about two — at least two weeks after actual termination of Faye Everson.”

Jenise Shicole Smith testified under oath on August 31, 2010 that, “I think it was understood that, you know, when you terminate someone, you write a letter.” Jenise Shicole Smith testified Jenise Shicole Smith did not know if I wrote a letter, but Jenise Shicole Smith “immediately assumed that…” and “But we took the — Legal (Jenise Shicole Smith) advised M — the City Manager to take the precaution to make sure that a letter was sent out to Ms. Everson that clearly stated the reason why she had been terminated.” Jenise Shicole Smith testified that based on the questions Ms. Everson asked during her termination meeting, “it was clear that Ms. LaMont had not communicated and had not accurately communicated why Ms. Everson was terminated.”

Jenise Shicole Smith testified she assumed I wrote a letter. Jenise Shicole Smith testified she immediately assumed. Jenise Shicole Smith testified it was clear I had not accurately communicated why Ms. Everson was terminated. The sixth and thirteenth questions Ms. Everson asked were specific to termination for falsification of an application, yet Jenise Shicole Smith refused to acknowledge this fact. Instead she chose to “assume” I had not accurately communicated Jenise Shicole Smith’s termination reason to Ms. Everson.

Contrary to Jenise Shicole Smith’s perjured testimony on August 31, 2010, the Respondent’s (Jenise Shicole Smith) testimony as outlined in the Respondent’s (Jenise Shicole Smith) Position Statement submitted to the EEOC on July 22, 2010 was that the second Termination Letter was submitted to Ms. Everson to “correct the error” in the Termination Letter I provided to Ms. Everson on March 11, 2010.

Jenise Shicole Smith’s perjured testimony on August 31, 2010 regarding the Termination Letter I wrote on March 11, 2010 and the Termination Letter Jenise Shicole Smith authored on March 12, 2010 was a complete and totally false fabrication created and sworn to by Jenise Shicole Smith, a State Bar of Georgia licensed Attorney.

The last paragraph under the heading of Factual Background contained in the City of Albany Respondent’s (Jenise Shicole Smith) Position Statement submitted to the EEOC is interesting in light of the above testimony Jenise Shicole Smith swore to in my GA DOL Unemployment Appeal hearing as it reveals Jenise Shicole Smith had full knowledge on the morning of March 12, 2010 (less than 24 hours after Ms. Everson’s termination) of the Termination Letter I wrote to Ms. Everson on the afternoon of March 11, 2010.

In the City of Albany Respondent’s Position Statement submitted to the EEOC, Jenise Shicole Smith omits the fact that she is the person who authored the second Termination Letter that Alfred Lott, City Manager signed on March 12, 2010, which contains Jenise Shicole Smith’s initials (jss) as the author of the second Termination Letter (enclosed for your review).

Jenise Shicole Smith knowingly, willingly, and falsely testified during my August 31, 2010 GA DOL Unemployment Appeal Hearing that the questions Ms. Everson asked had nothing to do with the reason Ms. Everson was terminated, the questions had something to do with things that were not related to the reason that she (Ms. Everson) was terminated.

Question 6.) Ms. Everson asked was, “What was she (Ms. Everson) being accused of falsifying on her application?” Question 13.) Ms. Everson asked was “If the City believes she (Ms. Everson) falsified her application, why are we giving her (Ms. Everson) a severance package?”

Jenise Shicole Smith knowingly and willingly testified falsely in my August 31, 2010 GA DOL Unemployment Appeal Hearing when she stated she told me to just say the truth and I repeatedly asked her to just tell me what to say and I would say it. Jenise Shicole Smith repeatedly told me I could not tell the truth. I never asked Jenise Shicole Smith to tell me what to say. I asked Jenise Shicole Smith what it was that she wanted me to say. I never told Jenise Shicole Smith that I would agree to say what she wanted me to say. I reminded Jenise Shicole Smith in a meeting that I recorded (available for your review upon request) that I informed her during a 3-hour meeting on April 14, 2010 that I would not create any stories.

Jenise Shicole Smith’s account of what was said during the 3-hour meeting that occurred on April 14, 2010 was completely different in the meeting I recorded than what Jenise Shicole Smith falsely testified to under oath on August 31, 2010. A transcript of this meeting is available upon request as evidence of the multiple acts of perjury Jenise Shicole Smith committed during my GA DOL Unemployment Appeal Hearing regarding what was and was not said during the 3-hour meeting on April 14, 2010.

Jenise Shicole Smith knowingly and willingly testified falsely under oath on August 31, 2010 that Alfred Lott, City Manager made the recommendation to terminate Ms. Everson. The City Manager is the final decision maker concerning all matters involving all City of Albany employees and as such, Alfred Lott, City Manager received and upheld Jenise Shicole Smith’s recommendation to terminate Ms. Everson. Jenise Shicole Smith neglected to inform either the GA DOL or the EEOC that it was Jenise Shicole Smith who made the recommendation to terminate Ms. Everson or that Jenise Shicole Smith, in her position as Assistant City Attorney, had no authority (under either the City Charter or the City of Albany Personnel Management System (PMS) to make any recommendation to retain or terminate any employee.

Jenise Shicole Smith advised Alfred Lott that Ms. McCrimmon had a prima fascia case against the City of Albany due to the fact that Ms. Everson and I are both white and on that basis recommended Ms. Everson’s termination as an acceptable resolution to Ms. McCrimmon’s complaint. It is most telling that the Respondent (Jenise Shicole Smith) neglected to provide the EEOC with a copy of Ms. McCrimmon’s Grievance Statement.

Jenise Shicole Smith knowingly and willingly testified falsely under oath on August 31, 2010 that my conduct was being investigated. Jenise Shicole Smith withheld the fact that it was “alleged” conduct that was determined to be without merit through her own investigative efforts. Jenise Shicole Smith had full knowledge on August 31, 2010 that the investigation she assisted in concluded there was no evidence of any Title VII violation committed by me. Jenise Shicole Smith had full knowledge on August 31, 2010 that the investigation she assisted in concluded there was no evidence that I had participated in any wrongdoing, however Jenise Shicole Smith continued to make intentionally misleading allegations of substantiated racial discrimination.

Jenise Shicole Smith knowingly and willingly testified falsely under oath on August 31, 2010 that she did not tell me my story regarding the Everson matter was not believable. I recorded a meeting wherein Jenise Shicole Smith specifically stated, “It’s not believable.” “It wasn’t believable.” “It wasn’t credible.” Jenise Shicole Smith repeatedly stated during the April 14, 2010 meeting that my story regarding the Everson matter was not believable and then denied while under oath on August 31, 2010 that she had ever stated my story was not believable.

Jenise Shicole Smith knowingly and willingly testified falsely under oath that a complaint was filed against me for my conduct as an HR Director when I hired an individual. Jenise Shicole Smith had full knowledge on August 31, 2010 that Ms. McCrimmon never filed a racial complaint (alleging racial discrimination or disparate pay based on race) against me.

During my Georgia Department of Labor (GA DOL) Unemployment Appeal Hearing held on August 31, 2010, Jenise Shicole Smith knowingly and willingly testified falsely under oath that City Attorney C. Nathan Davis (white male) was directly involved in the investigation of the Everson matter from its inception through Jenise Shicole Smith’s recommendation to terminate.

I recorded a conversation (audio recording transcript available for your review upon request) I had with C. Nathan Davis wherein I made a statement to Mr. Davis that after this Everson case, I’m pretty sure my career with the City of Albany was over. Mr. Davis responded, “Well I know, gosh it just sounds like that case uh, uh ought to be settled from what just what we heard.” I stated that to this day I had not seen the file on the person I was directed to terminate and I still had no idea what happened. Mr. Davis responded, “Yeah I uh, I don’t know what’s going on.”

C. Nathan Davis, City Attorney was not involved in the investigation to terminate Ms. Everson or Jenise Shicole Smith’s recommendation to terminate Ms. Everson’s employment. I recorded the first meeting Mr. Davis attended concerning the Everson matter was on June 7, 2010, which was a mediation preparation meeting to discuss the City of Albany’s preparation for participation in mediating Martha “Faye” Everson’s EEOC Charge of Discrimination against the City of Albany. It was clear from this meeting that Mr. Davis had very limited hearsay knowledge and no direct knowledge concerning the Everson matter. (audio recording transcript available for your review upon request)

Jenise Shicole Smith’s perjured testimony submitted to the GA DOL (a State Agency) was cited in the fact finder’s decision to affirm denial of my eligibility for unemployment benefits.

Jenise Shicole Smith’s testimony in the Respondent’s Position Statement was submitted to the EEOC (a Federal Agency) in an attempt to cover up the racial discrimination and retaliation that Jenise Shicole Smith participated in during my employment with the City of Albany.

As a Georgia licensed Attorney, Jenise Shicole Smith knew or should have known that these unethical, unlawful, and unprofessional activities are not acceptable practices in the Legal profession, however it does not appear Jenise Shicole Smith has any regard for her ethical obligation as a State Bar of Georgia licensed Attorney, the law, or preservation of the integrity of the Legal profession.

I respectfully request that the State Bar of Georgia appropriately address Jenise Shicole Smith’s unethical, unlawful, and unprofessional conduct in her professional capacity as a licensed Attorney practicing law in the State of Georgia and as a member of the Georgia State Bar.

Respectfully,

Mary G. LaMont, SPHR

Former City of Albany HR Director

Enclosures (6)

8/11/2009 Martha “Faye” Everson’s Employment Application

3/1/2010 Beverly McCrimmon Grievance Statement

3/11/2010 Faye Everson Questions Regarding Her Termination

3/12/2010 Second Faye Everson Termination Letter Written by Jenise Shicole Smith

7/22/2010 City of Albany Respondent’s Position Statement to EEOC

8/31/2010 GA DOL Unemployment Appeal Hearing Transcript

Tags: alfred lott, city hall, crime, featured

Eppler deserves apology, money

– May 17, 2011Posted in: Crime, Government, Headlines, Uncategorized

By Kevin Hogencamp

For nearly three months, the citizens of Albany – via the Albany Police Department – kept U.S. Marine Sgt. James Eppler in a jail cell for a crime that authorities now say he didn’t commit. Eppler was freed Tuesday; police now say his wife Natalie killed herself, as Eppler said all along.

Mistakes happen. Now we as a community need to apologize for what we did and we need to show that we mean it – by writing Eppler a handsome check. It’s called doing the right thing.

It was an honest mistake, you say? Consider this: Deliberately, the citizens of Albany gave Mayor Willie Adams’ campaign manager a $500,000 taxpayer-backed loan that is not being collected. Deliberately, the citizens of Albany gave away more than $300,000 in public funds for a construction project that was never built, and the money is not being collected. Deliberately, citizens of Albany gave $40,000 in hush money to former police chief James Younger, a dreadful performer, just to make him leave his job.

This list goes on. So, why in the world would we pay a man that we have wronged?

We shouldn’t wait for a lawsuit; the check should have been written Tuesday. Meanwhile, I trust that everyone responsible – from the police officers to the mayor – are reaching out to Eppler with sincere apologies.

I, for one, am very sorry.

—–

Kevin Hogencamp is editor and publisher of The Albany Journal. He can be reached at news@thealbanyjournal.com.

Tags: alfred lott, city hall, crime, police

Albany City Manager Alfred Lott to leave March 2

– February 14, 2011Posted in: Government, Headlines, Politics

By Kevin Hogencamp

Albany City Manager Alfred Lott moved his resignation up today from July 31 to March 2.

Lott, who was forced by the City Commission to find another job, did not say in his latest resignation letter whether he has landed a new assignment.

As late as last week, Lott was one of two finalists for the Savannah city manager post, but Mayor Otis Johnson said Friday that Lott no longer is considered a viable candidate for the post. Lott had extensive opposition among Savannah City Council members and citizens amid revelations not only of his track record in Albany, but that he hid it from his would-be bosses and their executive headhunter.

Lott’s tenure in Albany has been plagued with mishaps since he left his Takoma Park, Md., public work director’s post in September 2005 to become Albany’s city manager. When the City Commission met with Lott last summer to force his resignation, Mayor Willie Adams convinced a majority of the commissioners to allow Lott to remain on the job for nearly 13 months — until July 2011 – to give him to find another job. The commission then used taxpayer funds to pay for Lott’s trip to a conference in California, where Lott told a Savannah reporter that he met with a headhunter who steered him toward the Savannah job.

In his first resignation letter, Lott said he would seek new employment in the Northeast so that he could be close to his family. But he told a Savannah reporter recently that Savannah was a more attractive draw for him than Albany because his wife could not find employment in Albany.

Click on this image to read Lott’s latest resignation letter:

Tags: alfred lott, city hall, featured, politics

APD Lt. Bryan LaVoie: I was not promoted because I am white

– February 7, 2011Posted in: Government, Headlines

By Kevin Hogencamp

Albany police Lt. Bryan LaVoie claims in a federal lawsuit that he was overlooked for a promotion to captain and receives a lower salary than his counterparts because of his race.

LaVoie, 43, is white. He sued the City of Albany, which has a majority black City Commission, black city manager, Alfred Lott, and black police chief, John Proctor.

LaVoie’s suit is filed in U.S. District Court. He is seeking more than $75,000 in damages.

The suit isn’t a surprise to city officials, who refused to comment, because LaVoie previously filed a discrimination complaint with the U.S. Equal Employment Opportunity Commission, which last year issued him a “right to sue” letter at his request.

LaVoie has worked for the department since 1993. In his suit LaVoie claims that he is not alone. “Plaintiff and other white employees have been paid less than their African American counterparts,” he says in the suit.

LaVoie says the damages to him aren’t limited to financial setbacks.

“Plaintiff has suffered emotional distress, mental pain and suffering, past and future pecuniary losses, inconvenience, bodily injury, mental anguish, loss of enjoyment of life and other non-pecuniary, losses, along with lost back and front pay, interest on pay, bonuses, and other benefits,” the suit says.

Specifically, LaVoie’s beef is about the captain’s position he applied for in mid-2009.

“On or about September 25, 2009 a memorandum was issued by the Chief of Police indicating that all of the candidates selected for the position of Captain have been notified,” the suit says. “On or about December 2, 2009, the Chief of Police issued a memorandum announcing the name of the individuals who were selected for the position of Captain. Five of the six individuals who were selected are African American. The only white individual selected for Captain was an external candidate.

“Plaintiff has been denied promotions while less experienced African Americans have been promoted over him. At all relevant times, Plaintiff’s qualifications exceeded the qualifications of those who were selected for promotion to Captain.”

LaVoie, who is demanding a jury trial, is represented by Tallahassee attorney David G. Sullivan of Solomon, Sullivan, Romo, & Durrett.

The city government is liable for differential treatment toward LaVoie, the lawsuit says, “because it controlled the actions and inactions of the persons making decisions affecting Plaintiff or it knew or should have known of these actions and inactions and failed to take prompt and adequate remedial action or took no action at all to prevent the abuses to Plaintiff,” the lawsuit further says. “Furthermore, Defendant knowingly condoned and ratified the differential treatment of Plaintiff as more fully set forth above because it

allowed the differential treatment and participated in same. Defendant’s known allowance and ratification of these actions and inactions actions created, perpetuated, and facilitated an abusive and offensive work environment within the meaning of the statutes referenced above.

“In essence, the actions of agents of Defendant, which were each condoned and

ratified by Defendant, were of a race-based nature and in violation of the laws set forth herein.”

Tags: alfred lott, city hall, featured, police

Lott one step away from Savannah post; racism alleged

– January 26, 2011Posted in: Government, Headlines, Politics

Staff reports

Amid a controversy mired with allegations of racism, Albany City Manager Alfred Lott was named today as one of two finalists for the Savannah city manager job. The other candidate is Rochelle Small-Toney, Savannah’s interim city manager.

The Savannah City Council vote to name Lott and Toney the two finalists was 4-3. A committee travel to Albany to conduct additional interviews on Lott and Small-Toney will be interviewed in Savannah, the Savannah Morning News reported.

After those interviews, the council will decide what step it next wants to take – likely either offering the job to one of the candidates or restarting the search process.

The matter was discussed extensively today behind closed doors in executive session, after which three of the seven aldermen said Lott and Small-Toney were not among the two best candidates for the job. Indeed, Jeff Felser and called today’s executive session the worst and most embarassing of all her 11 years in public service, the Morning News reported.

The Savannah newspaper also reported Mayor Otis Johnson as saying the opposition is racially motivated because Lott and Small-Toney are black.

Lott’s tenure has been plagued with mishaps since he left his Takoma Park, Md., public work director’s post in September 2005 to become Albany’s city manager. When the Albany City Commission met with Lott last summer summer to force his resignation, Mayor Willie Adams convinced a majority of the commissioners to allow Lott to remain on the job for nearly 13 months — until July 2011 – to give him to find another job.

If Lott is the successful candidate for the post to lead Savannah’s municipal government, he will be reunited with Shirley Smith, who sued Lott after he fired her as the city finance director. The suit remains active in Dougherty County Superior Court.

Lott, who is being forced from his job as city manager by the City Commission and has submitted his resignation effective July 31, is among four finalists for the Savannah city manager’s position. Smith is an accountant in Savannah’s Leisure Services Bureau.

Lott fired Smith in 2006, months after lauding Smith’s performance and rewarding her with a bonus and city car, after City Commissioner Tommie Postell caught Lott in a cover-up of a business trip Smith made to Canada. Lott, who falsely claimed that he did not know about Smith’s trip, suspended Smith and then paid a consultant $15,000 – $2,500 a day – of taxpayers’ money for the investigation and scathing report that resulted in Smith’s firing.

The consultant, Gloria Wright of Lawrenceville, Ga., reported that Smith’s employees claimed that – in addition to managing by fear and intimidation — Smith fleeced taxpayers by having employees perform personal work for her while on the job, and changed appraisal scores to benefit some employees and victimize others.

However, while Lott says that Wright was hired to examine the Finance Department’s leadership culture, public records show that Wright was hired to build a termination case against Smith. Records show that Wright’s missions, as defined by Lott, included investigating Smith “regarding allegations of blatant retaliation and vindictiveness,” and for “blatantly showing favoritism to certain employees to the detriment of the mission.” Public records also confirm that Wright was hired by Lott in violation of the city charter without soliciting competitive bids for the job and that Lott and Wright discussed Smith’s potential termination before Wright was hired.

Public records reviewed by the Albany Journal, meanwhile, confirm Ms. Smith’s account that Lott threatened to seek prosecution of Smith on Aug. 22, 2006 as he sought her resignation. The records previously had been withheld from the public – an apparent violation of the Georgia Open Records law. In a Sept. 7, 2006 letter to Smith, Lott also confirmed that he offered Ms. Smith three months’ severance pay in return Lott not publicly disclosing Wright’s report of “egregious managerial malfeasance in the Finance Department.”

Smith fired back, asking Lott to rescind the suspension.

“Deborah Brown, Executive Administrative Assistant, discussed with you the fact that she was accompanying me on the trip to Canada (at her expense). In fact, Mrs. Brown stated that you suggested that she brush up on her French …” Ms. Smith penned. “I was confident that you were very aware of my prior approved trip and had no problem with it since Mrs. Brown had discussed this with you … “Your disciplinary actions are extremely severe and unfair,” she wrote. “My understanding of the term ‘disingenuous’ is to be dishonest, shrewd, underhanded, or deceitful, in other words, to be a liar. NONE of these terms describes me at all.

“I take exception to being called a liar and a cheat and I feel that to refer to me as such hints of slander and threatens my professional reputation. Under my administration as Finance Director, the City of Albany for the first time ever is now in a mode of financial solvency. A lying, cheating, dishonest, shrewd, deceitful individual would never have been able to accomplish this feat in any organization.”

Like fired Civic Center Director Mattie Goddard before her and former Human Resources Director Mary LaMont since, Smith says that Lott used lies and coercion to force her from her job. Smith’s longstanding suit against Lott and the city, meanwhile, remains in the hands of Superior Court Judge Denise Marshall. In the suit, Smith alleges that Lott’s critical and false statements about her to the news media and to a prospective employer have been slanderous and damaged Smith’s reputation and career.

“(We) request that you cease and assist (sic) from publishing false, misleading and malicious statements about Ms. Smith or her job as Finance Director for the City of Albany …” Ms. Smith’s attorney, Christopher G. Moorman, said in a 2006 letter to the city before filing suit. “We believe that certain communications by Mr. Lott about Ms. Smith are or may be defamatory under Georgia law … Mr. Lott and the City seem to have adopted the report by Gloria Wright and have published additional information regarding Ms. Smith which we believe to be untrue, malicious and defamatory.”

The Albany City Commission is spending $20,000 on a headhunting firm to help find a replacement for Lott, who claimed upon submitting his resignation last year that he would leave Albany to move to the Northeast to be near his family. His resignation is effective July 31.

City Commission members refuse to discuss Lott’s departure publicly. Privately, some City Commission members say that Lott is being strongly encouraged to vacate his office by January because of his management failures, including federal employment law violations that resulted in complaints filed by LaMont.

LaMont has audiotapes and other evidence documenting that the City is systematically discriminatory and retaliatory, is continuing with her federal complaint against the City with the intention of filing a lawsuit. She said in November that the federal Equal Employment Opportunity Commission told her the City had agreed to mediation in exchange for her audiotaped evidence of illegal and unethical employment practices, including retaliatory discharge and racial and sexual discrimination by Lott and other city officials.

Tags: alfred lott, city hall, politics

Rosen hires attorney in drug-test drama;

– January 14, 2011Posted in: Government, Headlines

Civic Center candidate

says Lott told him to lie

By Kevin Hogencamp

Albany City Manager Alfred Lott cited an irrelevant policy in denying Civic Center director candidate Lane Rosen the job after Rosen’s pre-employment drug screenings, which were inconclusive because the samples were diluted, an Albany Journal review of public records reveals.

After agreeing to pay Rosen $80,000 a year to direct Civic Center operations pending a review of Rosen’s diluted test results, Lott withdrew the offer, saying that a 2006 policy prohibits Rosen’s hiring. But that policy is a Worker’s Compensation policy that applies to current employees only – not applicants.

Indeed, records show that the Albany City Commission in 2010 tabled a separate policy that would have required that all new hires provide a clean specimen – with no mention of the number of times the test would be administered.

On Friday, Rosen’s attorney, Robert Beauchamp notified the city that his client is challenging Lott’s handling of his candidacy for the position and will do so in court, if necessary.

“Lane and I would like to meet with you and the appropriate person from the City as soon as possible to try and resolve this issue,” Beauchamp wrote. “The position was improperly taken away from him. If at the meeting you can show me how I am wrong in my analysis, we will certainly consider that. However, if the City doesn’t want to entertain making this right, then Lane intends to pursue whatever legal avenues necessary to do so.”

One of Lott’s assistants, Wes Smith, has disclosed that while Rosen’s drug test results were under review, a job offer was made to Rosen. Smith also stated that Rosen and Lott were unable to successfully negotiate an employment agreement, which is untrue. Still, Rosen said Tuesday that he doesn’t think that Lott used the diluted drug test as an excuse not to hire him.

“I think he was very interested in hiring me, but it was his incompetence that got in the way, once again, in his analysis of the (drug test) results,” Rosen said. “And he was quick to pull the trigger and the question is, ‘Why?’ and the only answer is incompetence.”

Rosen says he is speaking with an Albany attorney, Bob Beauchamp, to determine whether there is a legal remedy.

BEAUCHAMP’S LETTER

This is Beauchamp’s letter to City Attorney Nathan Davis in its entirity:

Dear Nathan:

Lane Rosen has consulted me concerning his wrongful rejection for the position of Civic Center Director.

The relevant facts as I know them are:

In mid-December, the City announced to a broad spectrum of media that Lane Rosen was the best candidate;

Lane was informed by Alfred Lott that after a 14-day waiting period he would be offered the position formally;

Lane and Mr. Lott agreed to meet the Monday after Christmas to formalize the relationship;

Lane was called by Wes Smith’s assistant on the Monday, December 27th and told to get a pre-employment drug test at Doctors Lab;

Within an hour Lane appeared at Doctors Lab, and gave a urine sample. He was scheduled to meet with Mr. Lott the next day;

On Tuesday morning, and without explanation he was called again by Wes Smith’s assistant and told he needed to subject himself to a second urine test before meeting with Mr. Lott;

Again he promptly went to Doctors Lab and gave a urine sample;

Wednesday at 10:00 a.m. Lane met with Alfred Lott and Wes Smith and formalized all the pertinent details to become the Director of the Civic Center. At the conclusion of the meeting, Alfred Lott clearly indicated to Lane that everything was formalized except clarification regarding inconclusive results of Lane’s urine test.

Lane left this meeting and was concerned about the effects of diluted samples of his urine. Up to this point no one had instructed Lane of the importance that too many fluids before the test can compromise the sample and the importance of the second test. Therefore, Lane, at his own expense had a local physician prescribe a test at the same lab, which Lane passed. This time Lane was instructed by the physician prescribing the test not to consume any liquids for two hours prior to the test. Subsequently, this test was “clean as a whistle.”

At 3:30 p.m. Wednesday, Alfred Lott called Lane and retracts the offer of employment.

My analysis of the pertinent law indicates that governmental bodies such as the City are held to a higher standard when it comes to following policies and procedures concerning pre-employment drug testing. In this case, the City fell far short in meeting that standard.

I have reviewed the portions of the City’s policy and procedures manual the City based their decision on. In Section V titled, “Drug Free Work Place Policy” references pre-employment substance testing. Nowhere in that section does it reference diluted results.

Lane and I were led to believe that the fact that he had undergone two consecutive tests that were “diluted” constituted a failed test. That simply is not correct. The policy and procedure section that you sent to me makes diluted tests only applicable to current employees not preemployment candidates.

The proper thing for the City to have done under these circumstances was to have someone from the City’s Human Resources Department meet with Lane and instruct him of the importance of not drinking liquids prior to the second test. Intervention of the Human Resources Department is required by the City’s own policy and the City failed in that regard.

All of this is culminated in causing damage to Lane professionally and emotionally.

The publicity surrounding him taking this position and the City’s insistence that he end his relationship with the State Theater and other promotional endeavors have adversely effected him professionally. By not following through with the contract with the City, Lane now has to go back and re-establish all of his former connections and try to reassure them that their past relationships are preserved.

Lane had hoped to put in 25-years with the City. The benefits of that position were very attractive and important to Lane.

Lane and I would like to meet with you and the appropriate person from the City as soon as possible to try and resolve this issue. The position was improperly taken away from him.

If at the meeting you can show me how I am wrong in my analysis, we will certainly consider that. However, if the City doesn’t want to entertain making this right, then Lane intends to pursue whatever legal avenues necessary to do so.

Please call me as soon as possible to arrange a meeting.

Sincerely,

Robert M. Beauchamp

THE REAL REASON

ROSEN WASN’T HIRED

Rosen, the State Theatre managing partner, publicly revealed last week that he was denied the Civic Center director’s position because of circumstances regarding his drug test results, not because of his ownership of the theater – and that Lott encouraged him to lie about it.

Rosen says that Lott and Smith’s secretary told him that Rosen’s two drug tests were “diluted” and City policy prohibits his employment for that reason. Rosen, who said there’s no reason he wouldn’t pass a drug test, immediately underwent and passed an independent, physician-prescribed drug test after meeting with Lott on Wednesday,.

Lott and Smith, who Rosen says was involved in the cover-up, have not yet responded to The Albany Journal’s request for information and perspective for this report. Last week, Smith said in a news release that Rosen – Lott’s third selectee for the vacant position – wasn’t hired because Lott and Rosen’s negotiations were unsuccessful.

Rosen says that’s not true; indeed, the two successfully negotiated an employment agreement, he said.

‘CLEAN AS A WHISTLE’

Details of the disagreement between Lott and Rosen are outlined in a letter to the community that Rosen sent to the City Commission and news media . Here is the letter:

Ladies and Gentlemen of the community, City Commissioners and Media Representatives,

Let me start at the ending with Albany City Manager Alfred Lott’s last words to me, “Lane, our official response will be that negotiations weren’t fruitful and I suggest you could say that you were simply unwilling to divest from the State Theatre”.

If I had anything to hide, that would have been good advice. However, my response to him was, “My Granddaddy taught me that honesty was the best policy and that I have done nothing wrong.” Perhaps you all will demand a change to what Lott called “a bizarre set of circumstances”.

Since I have nothing to hide, and contrary to Al’s suggestion, I am writing this for my whole community — which has so warmly supported me – to read.

Over the past few weeks since the news of my selection for the Civic Center director position was announced, I received an unending show of support and renewed HOPE from Commissioners, the citizens, business leaders, and the media of this area. I am sure you have heard it, as well. Most importantly is the local College Foundation that contacted me and pledged to sponsor four of the biggest shows that the town could hold to “prime the pump” and because they had that kind of faith in me. Also, a Bank President contacted me with a similar offer. Furthermore, both said they were unwilling to deal with the previous managers there.

Now the facts:

All of the City of Albany Human Resources Department staff is either fired or on vacation. They should have handled this matter.

Monday, December 27th: Wes Smith’s assistant (not H.R. Department) calls at approximately 10:40 a.m. to inform me to make “deliberate haste” to take the pre-employment substances screening. I did so and was tested at about 11:15 a.m.

Tuesday, Dec. 28th: The same assistant calls about the same time and asks for a second test. I said “of course.” Three times I asked, “What happened with the first sample?”; three times she would not answer. The test results should have been discussed with me before any potential employer (the lab violated this rule). Wes Smith’s assistant (untrained to H.R. Department matters) only would assure me a second test was not uncommon. So without a mandatory explanation and medical counsel, I raced to take another test and was tested at about 11:30 a.m. (Keep in mind that Human Resources staff wasn’t in to tell me I had 48 hours to take the test.) Herein lies the whole problem. I simply needed to be consulted, as all city employees are, to hold back on fluids because the first test was diluted.

Wednesday Dec. 29th: At 10:00 a.m. in Alfred Lott’s office, we came to a successful agreement for the terms of my employment. For the first time, he informed me that both of my pre-employment substance screenings were “diluted”. I chuckled and said, “Of course, they are, because by 11:30 every morning I have had the better half of a pot of coffee.” Al said this was a potential problem that needed policy clarification from Nathan Davis, the City Attorney. Seeing the writing on the wall from “these guys”, I immediately called a Doctor (specialist) from the phone book. After some simple orders not to drink anything for a couple of hours before the test, the Doctor “prescribed” the same test. I chose the same lab and took the test at 4:30 p.m. at a personal cost of over $300 after you figure in the Doctor fees. Moreover, this test was done within the 48 hour time period (from the first inconclusive test) for the testing to preserve its randomness.

Wednesday. December 29th, 3:30 pm: I was informed by Lott that two inconclusive samples equals a failure and that they had to break off the deal that we had tentatively agreed to. Later, I was informed by high city officials that their “practice” and understanding of city policy is that I have to be consulted by a medical officer after the first test and I have up to 48 hours to take the second test. Regardless of policy interpretation it is a fact (from multiple, high city officials) that employees have been hired with diluted samples. I went one step further to get conclusive results within the 48 hour time period.

Thursday, December 30th: The results arrived to the Doctor’s office from Wednesday’s test. This test was, of course, “CLEAN AS A WHISTLE!”

I insist that I was totally available and forthcoming for the process and that city representatives that I dealt with were not, or at the least, were uneducated with regards to Human Resource matters. I should have been afforded the same medical consultation and instructions that are given to current employees after a first diluted test. This medical explanation of results is given to all city employees after a first test on a mandatory basis but was not in my case.

I regret that misguided policies (new hires have different rules than current employees) and inadequate execution of duties by city personnel (total absence of Human Resources involvement) have obstructed what was sure to be a positive turn in this city’s economics and morale.

Thankful, and at your service,

Lane Rosen

STATE THEATRE CONFLICT

Upon being selected in December as Lott’s “top candidate” for the Civic Center post, which also includes managing the Albany Municipal Auditorium and Veterans Park Amphitheatre, Rosen said he’s excited about the prospects of bringing quality events to the Civic Center while ensuring that public money is spent as efficiently as possible.

“Like I told the citizen’s panel (during the interview process), if the Civic Center ever operated in the black, we’re going to get it operating in the black again,” he said. “All of the employees there are hard-working, they’re proud of it, and I feel like we can turn things around at the Civic Center.”

Rosen, 40, opened the State Theatre seven years ago. It hosts a variety of local and out-of-town entertainment, from country star Luke Bryan, to Albany State University parties, to community fund-raisers and wedding receptions. Marketing entertainment venues adequately is a key factor to success in the business, he said.

Rosen said last month that he was uncertain whether he’ll keep operating the State Theatre, which he co-owns with restaurateur and musician Bo Henry. “One thing I do know, though,” he said, “is that the State Theatre is an important tool in the community’s entertainment arsenal.”

On Dec. 22, Davis wrote Lott a memo offering his opinion that as the State Theatre owner, Rosen could not serve as Civic Center director because of a conflict of interest. This issue was resolved when Lott and Rosen met on Dec. 29, although Rosen says Lott encouraged him to lie and say that the theatre ownership was the reason negotiations broke down. Lott has not refuted Rosen’s version of these events.

Davis’ memo, requested by Lott, reads:

This will respond to Friday’s phone call regarding Mr. Rosen’s relationship with the State Theater, an entertainment venue located on Pine Avenue in Albany, Georgia. Currently, Mr. Rosen has ownership interest and is a business partner with the State Theater. After considering City Ordinance 08-134, we advise that the selection of Mr. Rosen as the City’s Civic Center Director would create a conflict of interest and compromise the City’s overall business interests. Below is an excerpt from City Ordinance 08-134:

Conflicts of Interests

Each of us has a responsibility to the City, our citizens and each other. Although this duty does not prevent us from engaging in personal transactions and investments, it does demand that we avoid situations where a conflict of interest might occur or appear to occur. The City is subject to scrutiny from many different individuals and organizations. We should always strive to avoid even the appearance of impropriety. (emphasis added)

Business Interests

If you are considering investing in a city customer, supplier, developer or competitor, you must first take great care to ensure that these investments do not compromise your responsibilities to the City. Many factors should be considered in determining whether a conflict exists, including the size and nature of the investment; your ability to influence the City’s decisions; your access to confidential information of the City or of the other company; and the nature of the relationship between the City and the other company. You should generally try to avoid even the appearance of impropriety or conflict. (emphasis added)

Considering Mr. Rosen’s relationship with the State Theater—an entertainment venue very similar to the Civic Center/City Auditorium—we believe that Mr. Rosen interests in “booking” entertainment at his business will inevitably conflict with the City’s interests in “booking” similar entertainment at the Civic Center/City Auditorium. Essentially, the State Theater and the Civic Center/City Auditorium are competitors with respect to providing entertainment to downtown Albany, hence the conflict of business interests between the two venues.

Thus, we recommend that Mr. Rosen be required to fully divest himself from any interest in the State Theater if he were to become the City’s Civic Center Director. We do not see any other alternative that would protect the principles of City Ordinance 08-134 such as the one which states that City employees should avoid any appearance of impropriety.

LOTT PROCEDES

TO NEXT CANDIDATE

On Wednesday, Dec. 29, the same day that Rosen says that Lott informed him of the two “diluted” drug test results, Smith informed commissioners and reported that “negotiations with the announced most qualified Civic Center Director candidate have not proved fruitful.”

“The city manager is now determining his next step in the process of filling the position,” Smith further said.

Filling the Civic Center director position has been challenging for Lott. Last summer, Smith told reporters that one of Lott’s initial top candidates for the Civic Center position was eliminated from consideration because of information that was revealed during a background check. Smith and Lott refused to name that candidate.

In September, Shannon McCullough, operations director of the Athens Classic Center, was named by Lott as the top candidate for the position. He said he withdrew from consideration partly due to Lott not telling him about his lame-duck status with the City.

Last week, Smith announced that Timothy Mabe of Valdosta had emerged as the latest “best qualified candidate for the Albany Civic Center Director position.”

“Negotiations with the initial qualified candidate were unsuccessful,” Smith further said. “Mr. Mabe was then interviewed a second time before he was determined for this designation.”

Mabe was most recently executive director for the Valdosta-Lowndes County Conference Center & Tourism Authority. He says on his resume that he has worked in the Valdosta post from October 2009 to October 2010, but Valdosta news reports said he started the job in December 2009 and resigned in August 2010 to pursue other opportunities.

Asked to clarify the matter, Mabe immediately responded, saying, “My contract in Valdosta was year to year and started when executed in Oct 2009. I actually moved to Valdosta on Dec 6th and was in the office working on December 7th. I resigned in August.”

Mabe added: “I am pleased to have been selected as best candidate and am looking forward to the chance of working with the great staff at the center as well as area stakeholders who desire the success of the Albany Civic Center including the Albany Journal.”

He says that he was general manager of a Garland, Texas, events center for five years, executive director for the Northwest Georgia Trade and Convention Center Authority in Dalton for seven years, and has 14 additional years of entertainment industry experience.

A TOUGH JOB

TO FILL – AND DO

The new director will succeed embattled Civic Center directors Matty Goddard and John Mazzola. With strong support from most City Commission members, Lott fired Goddard, a longtime director, within months after Lott was hired in 2005. Lott violated personnel policies in dismissing Goddard, but Goddard was unable to win her job back in a federal complaint she filed.

In 2006, Lott hired Mazzola, a Floridian who was identified as a candidate for the position by government-management headhunter Bob Slavin, whose firm helped Lott lure three high-profile, infamously troubled former department directors to the city – Downtown Manager Don Buie, Police Chief James Younger, and Finance Director Robert Jones. Buie was hired despite being a convicted felon – which was revealed by journalists during the Georgia Bureau of Investigation’s probe into public corruption on Buie’s part. Buie was convicted of nine felony counts and sentenced to a year in jail; he has been released, but is banned from living in Dougherty County. Lott forced Younger’s resignation and fired Jones after three months, yet gave them large bonuses – using taxpayer funds – as they departed.

Mazzola’s tenure, which ended in spring 2010, was rocky. Pulled in different directions by Lott and City Commission members who wanted favors, Mazzola generated many citizen complaints, as Goddard did during her tenure, before Lott relented to public pressure and began documenting Mazzola’s management failures. He found a job in Dodge City, Kansas, at his bosses’ urging (he also worked for Assistant City Manager Wes Smith), but has since been fired.

In 1992, the General Assembly restricted access to information regarding those who were applying for, or were being considered for, positions such as university president, school superintendent, or county manager. In the law, the class of jobs affected was defined as the “executive head of an agency… or of a unit of the University System of Georgia.”

The argument that was provided by legislators for limiting records access was that qualified applicants would be less likely to seek public jobs if their interest in the job was disclosed. So the law now states that “at least 14 calendar days prior to the meeting at which final action or vote is to be taken for the position, the agency shall release all documents which came into its possession with respect to as many as three persons …” considered finalists for the job.

An applicant would at that time be able to withdraw his/her name from consideration and avoid disclosure, in which case the identity and records of the next most qualified candidate would be disclosed. If the agency decides to not be fully accessible to the public during its entire search, it need not wait 14 days to take action on the position. An agency cannot avoid disclosure provisions by hiring a private person or agency to assist in the search and to maintain all records. In addition, the agency must disclose the demographic detail of the entire applicant pool at any time request is made.

Like with many of the people he has hired, Lott’s tenure has been plagued with mishaps since he left his Tacoma Park, Md., public works director’s post in September 2005 to become Albany’s city manager. Indeed, Lott is being forced by the City Commission to leave his post by

Tags: alfred lott, city hall, featured, politics

Albany City Manager Alfred Lott finalist for Savannah job

– January 14, 2011Posted in: Government, Headlines, Politics, Uncategorized

Alfred Lott, whose tumultuous tenure as Albany city manager is coming to a close because he is being forced to leave his job here, is a finalist for the Savannah city manager job.

Savannah Mayor Otis Johnson disclosed the finalists’ names Friday. The other candidates are Wayne Cauthen, former city manager of Kansas City, Mo.; Pat Digiovanni, deputy city manager of San Antonio, Texas; and Rochelle Small-Toney, Savannah’s interim city manager.

Tags: alfred lott, city hall, featured, politics

Former Civic Center director candidate Lane Rosen: Albany City Manager Alfred Lott urged Rosen to lie about inconclusive drug test and say that Rosen’s stake in the State Theatre was the deal-breaker, but Rosen refused.

– January 3, 2011Posted in: Government, Headlines, Politics

ANOTHER CITY HALL COVER-UP REVEALED

The truth about why Lane Rosen wasn’t hired as Albany Civic Center director

Rosen: Lott urged Rosen to lie about inconclusive drug test and say that Rosen’s stake in the State Theatre was the deal-breaker, but Rosen refused.

By Kevin Hogencamp

State Theatre managing partner Lane Rosen says that he was denied the Albany Civic Center director’s position because of circumstances regarding his drug test results, not because of his ownership of the theater – and that Lott encouraged him to lie about it.

Rosen says that Lott and Assistant City Manager Wes Smith’s secretary told him that Rosen’s two drug tests were “diluted” and that city policy prohibits his employment for that reason. Rosen, who said there’s no reason he wouldn’t pass a drug test, immediately underwent an independent, physician-prescribed drug after meeting with Lott on Wednesday, and passed.

Rosen says that’s not true; indeed, the two successfully negotiated an employment agreement, he said.

Details of the disagreement between Lott and Rosen are outlined in a letter to the community that Rosen sent today to the City Commission and news media . Here is the letter:

Ladies and Gentlemen of the community, City Commissioners and Media Representatives,

Since I have nothing to hide, and contrary to Al’s suggestion, I am writing this for my whole community — which has so warmly supported me – to read.

Now the facts:

All of the City of Albany Human Resources Department staff is either fired or on vacation. They should have handled this matter.

Thursday, December 30th: The results arrived to the Doctor’s office from Wednesday’s test. This test was, of course, “CLEAN AS A WHISTLE!”

Thankful, and at your service,

Lane Rosen

On Wednesday, the same day that Rosen says that Lott informed him of the two “diluted” drug test results, Smith informed commissioners and reported that “negotiations with the announced most qualified Civic Center Director candidate have not proved fruitful.”

“The city manager is now determining his next step in the process of filling the position,” Smith further said.

Filling the Civic Center has been challenging for Lott. Last summer, Smith told reporters that one of Lott’s initial top candidates for the Civic Center position was eliminated from consideration because of information that was revealed during a background check. Smith and Lott refused to name that candidate.

Today, Smith announced that Timothy Mabe of Valdosta had emerged as the latest “best qualified candidate for the Albany Civic Center Director position.”

“Negotiations with the initial qualified candidate were unsuccessful,” Smith further said. “Mr. Mabe was then interviewed a second time before he was determined for this designation.”

Mabe was most recently executive director for the Valdosta-Lowndes County Conference Center & Tourism Authority. He says on his resume that he was worked in the Valdosta post from October 2009 to October 2010, but Valdosta news reports said he started the job in December 2009 and resigned in August 2010 to pursue other opportunities.

Asked to clarify the matter, Rabe immediately responded Monday, saying, “My contract in Valdosta was year to year and started when executed in Oct 2009. I actually moved to Valdosta on Dec 6th and was in the office working on December 7th. I resigned in August.

Rabe added: “I am pleased to have been selected as best candidate and am looking forward to the chance of working with the great staff at the center as well as area stakeholders who desire the success of the Albany Civic Center including the Albany Journal.”

It is customary for Lott to fill department head positions two weeks after announcing his top candidates for the position. He does so because of his misinterpretation of a state law requiring a 14-day notice after top candidates for top executives for government agencies such as university president, school superintendent, or city or county manager.

Like with many of the people he has hired, Lott’s tenure has been plagued with mishaps since he left his Tacoma Park, Md., public work director’s post in September 2005 to become Albany’s city manager. Indeed, Lott is being forced by the City Commission to leave his post by July 31, 2011.

Tags: alfred lott, city hall, featured, mayor, politics

Lott opts to violate policy, uphold Reddish dismissal

– November 18, 2010Posted in: Crime, Government, Headlines

By Kevin Hogencamp

In violation of city policy, inconsistent with earlier personnel decisions and without explanation, Albany City Manager Alfred Lott has upheld the firing of airport maintenance supervisor Sean Reddish.

Reddish is under indictment on theft charges for cashing in on $1,100 of scrap metal at the airport. City policy requires that an employee under felony indictment to be suspended without pay pending the outcome of the criminal case.

Reddish’s criminal case has not been resolved; he maintains his innocence. Yet, airport Director Yvette Aehle fired Reddish, who appealed the decision.

Lott wrote in a Nov. 12 letters to Reddish’s attorney, Phil Cannon, after Reddish’s appeal hearing:

“I have reviewed all documents presented in Ms. Aehle’s termination recommendation and studied all documents and issues presented at the name clearing/appeal hearing of your client. Accordingly, I have decided to sustain Ms. Aehle’s termination recommendation. As a result, your client Sean C. Reddish’s employment with the City of Albany, Georgia is terminated, immediately. I wish him the best of luck in his future endeavors.”

In addition to violating personnel policy, Lott did not follow protocol by citing the reason Reddish was fired.

In at least three recent cases, the city did not fire employees under felony indictment. Those employees are:

Police Cpl. Vincent Romone Wadley, accused of child molestation. He was fired after being convicted by a jury.

Fire Lt. Joey Paint, accused of child molestation and, later, theft. A jury found him innocent of child molestation, and he pleaded no contest to theft as a first-offender. He was fired after his criminal case was resolved, but a judge ordered that he be reinstated.

Assistant Fire Chief Roderick Jolivette, accused of impersonating a police officer. The charge was dropped and Jolivette remains on the job.

“I have tested my intended course of action with our personnel lawyers and Nathan,” Lott said last year. “Since Jolivette professes his innocence and has not made any admissions, I must treat this matter as innocent until proven guilty until there is an admission of guilt or verdict. This case could end up dismissed, Nolle prosequi, a guilty verdict or a not guilty verdict. Therefore, I must wait for the results before taking any further disciplinary actions.”

In another case, airport deputy director Kevin Harper was fired while he was under indictment. Lott said he made that decision, despite the personnel policy, because Harper admitted to Lott that he was guilty of the crime.

City policy states: “An employee who is arrested and charged with a felony may be suspended with pay by a general supervisor or above. However, suspension with pay is not mandatory if the employee is still able to perform the requirements of the job description. Upon review of the charges by a third party demonstrating guilt or an indictment by a grand jury, the employee will be suspended without pay. Such suspension will remain until the employee is exonerated or found not guilty.”

Reddish denies the theft charges and has produced a letter from a contractor stating that the contractor gave him the metal – old signage that had been replaced. Lott refuses to answer questions about the case, including whether he directed Aehle to violate policy and fire Reddish.

Upon Reddish’s arrest, Aehle maintained that Reddish didn’t break the law, but rather used bad judgment. Indeed, Aehle previously allowed Reddish and others bring a smaller amount of scrap metal to a recycling center to raise money for employee activities such as pizza parties, but Aehle and Reddish said that the employees never took Aehle up on her offer.

Reddish, who has a spotless personnel record and a favorable performance appraisal on file, had been suspended with pay until his indictment.

It’s not the only instance in which Reddish is being treated differently than other employees who have had run-ins with the law. It’s also contrary to the decision Lott made to keep Jolivette on the job following his indictment last year.

Public records also show that unlike in Reddish’s case, when a city Community and Economic Development employee forged federal weatherization documents, Lott kept the matter secret. Indeed, Lott withheld the forgeries from the federal government — the victim of Fletcher’s alleged transgressions — and asked for and received Fletcher’s resignation.

In quashing a potential investigation of Fletcher, Lott decided against the recommendation of City Attorney Nathan Davis that Fletcher be terminated because she defrauded the federal government.

Tags: alfred lott, city hall, crime

Inside Albany: On Sean Reddish

– November 10, 2010Posted in: Government, Headlines, Inside Albany, Uncategorized

The evidence says …

Reddish was fired!

Sometimes, rather than the incompetence and sinister behavior that has come to define Albany city hall, our leadership instead is downright weird more than anything.

Take the case of Sean Reddish, the airport maintenance manager who was fired in violation of city policy last week due to his indictment on theft charges.

Much to my surprise and certainly, it would seem, Reddish’s, The Albany Herald reported that that Lott told it that Reddish was not fired, but that he instead is suspended. That’s a lie. Reddish has in his possession (as do we) Reddish’s termination letter and a letter from Lott saying that Lott will hear Reddish’s termination appeal at 3 p.m. Thursday.

To remove any doubt, in case there is any, of what’s in the public record, we’ve posted Reddish’s termination letter and appeal hearing notice on our website – www.TheAlbanyJournal.com.

A head-scratcher, to be sure. And, typically, Lott refuses to set the record straight.

Here’s Reddish’s termination letter.

Here’s Reddish’s appeal hearing letter.

Tags: alfred lott, city hall

Newest Articles

Search Classifieds
Search by keyword

Search by City
News Archives
Links
Meta
- Register
- Log in
- Entries RSS
- Comments RSS
- WordPress.org
- I'm using AdRotate

alfred lott Archive

PERJURY: City lawyer says she isn’t the one lying

Eppler deserves apology, money

Albany City Manager Alfred Lott to leave March 2

APD Lt. Bryan LaVoie: I was not promoted because I am white

Lott one step away from Savannah post; racism alleged

Rosen hires attorney in drug-test drama;

Albany City Manager Alfred Lott finalist for Savannah job

Former Civic Center director candidate Lane Rosen: Albany City Manager Alfred Lott urged Rosen to lie about inconclusive drug test and say that Rosen’s stake in the State Theatre was the deal-breaker, but Rosen refused.

Lott opts to violate policy, uphold Reddish dismissal

Inside Albany: On Sean Reddish

Newest Articles

Latest Classified

Advertising sales professionals wanted

Search Classifieds

News Archives

Links

Meta