The complaint, which was filed by Derick Mulkey, in the Rome division of the U.S. District Court for the Northern Distict of Georgia, was made at the beginning of October.
Mulkey’s employment with the county rec department was terminated Sept. 28, 2007, for insubordination, false statements, borrowing county equipment for personal use and conduct unbecoming to a Gordon County employee, according to court documents from the October complaint filing.
Mulkey appealed his termination to County Administrator Randy Dowling, but the original action was upheld, according to the court documents.
After the denial of his appeal, Mulkey took his case to the county board of commissioners and the Gordon County Parks and Recreation Department.
The board also decided to uphold the termination, and Mulkey then took his case to the judicial system.
According to the complaint documents, Mulkey is suing the Gordon County Board of Commissioners, Gordon County Parks and Recreation department and GCPRD Director Derrick McDaniel. Mulkey’s complaint says he was terminated because he gave a testimony in support of a sexual harassment claim against McDaniel.
In this testimony, Mulkey supported former GCPRD employee Danette Ward in her claims that she was sexually harassed by McDaniel at the time of her employement with the rec department, according to the complaint documents.
The harassment case, began on Aug. 22, 2007, and concluded around Sept. 27, 2007, the day prior to Mulkey’s termination, according to the documents.
In his complaint, Mulkey claims that his termination of employment was an act of retaliation against him by McDaniel for having exercised his constitutional rights under Title VII of the Civil Rights Act of 1964.
Mulkey is suing the county for punitive damages including compensation, benefits and attorney’s fees.
Ward, who was also terminated from the GCPRD on Sept. 28, 2007, has a case pending for consideration with Georgia’s Department of Justice.
Suzanne Hutchinson-Smith, the attorney for Gordon County, declined to comment about the complaint, saying that she was not able to comment on pending litigation.