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10A I DAWSON COUNTY NEWS I dawsonnews.com
Wednesday, October 17,2018
Grogan case awaiting Ga. Supreme Court ruling
By Allie Dean
adean@dawsonnews.com
The case of Grogan vs. the
City of Dawsonville went before
the Georgia Supreme Court last
week, where representation for
ousted Mayor James Grogan pre
sented oral arguments as to why
dismissal of his appeal by the
Dawson County Superior Court
should be reversed.
Grogan’s lawyer, Steven
Leibel, also presented an appeal
to the superior court’s March
2018 decision that will allow the
city to recoup the $25,060.88 in
salary and benefits that were paid
to Grogan during the five-month
appeal process.
Grogan, 76, was removed from
office May 15, 2017 by a 3-1
vote of city council after an
investigation into allegations he
had misused city funds and vio
lated the city charter.
Grogan appealed the decision
and continued to act as mayor
until October 9, 2017, when
Superior Court Judge C. Andrew
Fuller ruled in favor of the city
and dismissed Grogan’s appeal,
stating he could not review the
case due to the manner in which
Grogan’s representation appealed
the case, as well as their failure
to serve the council or the city
with a copy of the writ of certio
rari and their failure to name the
city council in the caption of the
petition.
Leibel argued before the state
Supreme Court Oct. 10 that the
form of his appeal was permitted
under the city’s charter and that
the May 2017 hearing in which
the council voted to remove
Grogan was not a judicial hear
ing, therefore entitling Grogan to
a new hearing before a jury.
Leibel also fielded the sugges
tion by Supreme Court Justice
Nels S.D. Peterson that most of
the case is moot because Grogan
is no longer an elected official
and, due to the recent election,
cannot be reinstated to his term
in office.
Leibel said that a new trial
before a superior court judge
would give Grogan an opportuni
ty to clear his name and afford
him due process.
“The remedy is his name is
good and he can go and run for
election and say ‘I went through
the process and I was cleared,”’
Leibel said. “If he is convicted
then there is an argument that he
would be ineligible to run for
further office.”
Dana Miles, city attorney, said
during the oral arguments that
there is no provision under the
City of Dawsonville ordinances
that prohibit Grogan from run
ning again.
“When someone basically runs
for office again, like he did, and
loses, all the issues that are relat
ed to that are thereby moot,”
Miles said.
Miles also argued that the only
method of appeal of the city
council’s decision was a certiora
ri appeal, and that Grogan served
the appeal to the city outside the
deadline required.
In his final remarks to the
court, Leibel said he believed the
city asked for Grogan’s salary
and benefits back to punish
Grogan.
“We believe that that pursuing
of the money...was to set a tone
and an example that they should
not ask for their rights for an
appeal,” Leibel said.
Leibel said Tuesday he hopes
the state Supreme Court will find
that the process of Grogan’s
removal was wrong and he will
be given a new trial before the
superior court. He said he did not
know how long it would be
before the Supreme Court deliv
ers a decision.
“We’re not asking to reinstate
him,” Leibel said Tuesday. “He
can’t be, he took his chance to
run and he lost. (But) he has a
right to clear his name.”
The city’s motion to collect the
legal fees that the city incurred
due to Grogan’s appeal is still
pending. Miles said in March
that if the city council decides to
pursue the fees, that Grogan
would then be entitled to a jury
trial.
DawsonEvents
Listings in Dawson Events are free and available to nonprofit organizations
sponsoring free or low-cost events for the public. Groups may submit notic
es by fax at (706) 265-3276 or via email at editor@dawsonnews.com.
COMMUNITY
Public notice:The quar
terly meeting of the
Chestatee Regional
Library System Board
ofTrustees is scheduled
for Monday, Oct. 22, 2018
at 5 p.m. at the Dawson
County Library, 342 Allen
Street, Dawsonville, Ga.
30534. All meetings are
open to the public.
Members of the audience
may be allowed to speak
at the end of the regular
business session, if rec
ognized by the chairman.
Visitors may not partici
pate in board discussion
of items on the agenda.
The Goodwill Career
Center will hold a multi
employer job fair from 10
a.m. until 12 p.m. on
Thursday, Oct. 18.This is a
great chance to meet with
hiring managers of over
20 local businesses includ
ing Big Canoe, Gymboree,
Etcon Employment
Solutions, Len Foote Hike
Inn, Chick-fil-A, BTD
Manufacturing and many
more who will conduct
interviews on site.There is
no cost to participate.The
center is inside the
Goodwill store at 66 S.
400 Center Lane in
Dawsonville.The
WorkSource Georgia
Mountains mobile training
unit will also be onsite to
offer resume assistance
and skills assessments. All
job fair participants will
receive a coupon for 25
percent off at the
Dawsonville Goodwill
Store, valid Oct. 18, 2018
only.
Dawson County will be
hosting a Community
Connections Workshop
from 6 p.m. to 7:30 p.m.
Oct. 23 at the Margie
Weaver Senior Center.
The agenda will include a
focus on transportation
with overviews from
County Manager David
Headley and Dawsonville
Mayor Mike Eason.There
will also be an open ques
tion and discussion forum.
The public is invited to
attend. For more informa
tion, contact Kristen Cloud
at kcloud@dawsoncounty.
org or (706) 344-3501.The
senior center is located at
201 Recreation Road in
Dawsonville.
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