West v. City of Albany

797 S.E.2d 809, 300 Ga. 743, 2017 WL 875033, 2017 Ga. LEXIS 177
CourtSupreme Court of Georgia
DecidedMarch 6, 2017
DocketS16Q1881
StatusPublished
Cited by31 cases

This text of 797 S.E.2d 809 (West v. City of Albany) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
West v. City of Albany, 797 S.E.2d 809, 300 Ga. 743, 2017 WL 875033, 2017 Ga. LEXIS 177 (Ga. 2017).

Opinion

BENHAM, Justice.

Searless West (“West”), a former employee of the City of Albany (“City”), filed a complaint in federal court against the City and two individuals setting forth, among other things, a claim under the Georgia Whistleblower Act (“GWA”), OCGA § 45-1-4. With respect to West’s claims under the GWA, she seeks economic and non-economic damages resulting from alleged retaliation for disclosing what she deems to be certain financial irregularities in the City’s utility department. Specifically, West seeks lost wages; loss of various employment benefits; damages attributable to reputational injury, emotional distress, humiliation, and embarrassment; and attorney fees and costs of litigation as a result of losing her job. The City filed a motion for judgment on the pleadings with regard to the whistleblower claim, asserting it fails as a matter of law because West did not provide ante litem notice prior to filing the complaint. The United States District Court for the Middle District of Georgia, in an order finding no controlling precedent from this Court that addresses the legal issue raised by the City, certified the following question to this Court: “Is a plaintiff required to provide a municipal corporation with ante litem notice pursuant to OCGA § 36-33-5 in order to pursue a claim against it for money damages under the [GWA]?” As more fully developed in the discussion below, we answer this question in the negative.1

The GWA creates a cause of action for retaliatory discharge, suspension, demotion, or other adverse employment action taken against a public employee (as defined by the Act)2 by a public employer as a result of the employee’s disclosure of, or refusal to participate in, violation of the law.3 A “public employer” includes not only branches and divisions of state government but also “any local or regional governmental entity that receives any funds from the State [744]*744of Georgia or any state agency.” This includes municipalities such as the City of Albany. The only time limitation set forth in the GWA is that a civil action for retaliation in violation of the Code section may be brought “within one year after discovering the retaliation or within three years after the retaliation, whichever is earlier.”4 No conditions precedent, such as pre-suit notice to the employer, are set forth in the GWA. The City, however, asserts that West’s retaliation claim is barred because it is subject to the municipal ante litem notice statute, OCGA § 36-33-5, and that West failed to give timely written notice to the City pursuant to that statute.

The relevant subsections of the municipal ante litem notice statute read as follows:

(a) No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in [subsection (b) of] this Code section.
(b) Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.

OCGA § 36-33-5 (a) and (b). West’s complaint seeks money damages among other remedies, and so the City argues West was required to [745]*745provide written notice of her claim within six months of the alleged retaliation, which she failed to do. But courts do not construe one subsection of a statute in isolation from another. Instead, this Court has set out certain principles of statutory construction to guide a court’s consideration of the scope and meaning of a statute:

First, courts should construe a statute to give sensible and intelligent effect to all of its provisions and should refrain, whenever possible, from construing the statute in a way that renders any part of it meaningless. Second, a court’s duty is to reconcile, if possible, any potential conflicts between different, sections of the same statute, so as to make them consistent and harmonious. Third, in construing language in any one part of a statute, a court should consider the entire scheme of the statute and attempt to gather the legislative intent from the statute as a whole.

(Citations and punctuation omitted.) Footstar, Inc. v. Liberty Mutual Ins. Co., 281 Ga. 448, 450 (637 SE2d 692) (2006). We also presume that when enacting a statute “ ‘the General Assembly meant what it said and said what it meant.’ ” (Citation omitted.) Federal Deposit Ins. Corp. v. Loudermilk, 295 Ga. 579, 588 (2) (761 SE2d 332) (2014). We do not limit our consideration to the words of one subsection of a statute alone, but consider a particular provision in the context of the statute as a whole as well as the context of other relevant law, “constitutional, statutory, and common law alike . . . (Citation and punctuation omitted.) Id. See also Mooney v. Webster, 300 Ga. 283 (794 SE2d 31) (2016). Additionally, because the ante litem notice provision of OCGA § 36-33-5 is in derogation of common law, which did not require pre-suit notice, it must be strictly construed and not extended beyond its plain and explicit terms. See Neely v. City of Riverdale, 298 Ga. App. 884, 885 (1) (681 SE2d 677) (2009); see generally Holland v. Caviness, 292 Ga. 332, 337 (737 SE2d 669) (2013).5

Applying those rules to this case we should, if possible, neither read words into subsection (b) of the municipal ante litem notice statute nor omit them. The written notice required by OCGA § 36-33-5 (b) must state “the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury.” (Emphasis [746]*746supplied.) The City focuses solely on the language of subsection (a) and argues that since West’s claim is one for money damages, on account of injuries to her person or property, the ante litem notice requirement applies to her claim. The City argues that the language of subsection (b) simply defines the scope and detail required for the written notice.6 But this assertion would require us to ignore the plain language of subsection (b) that requires a claimant to state “the negligence which caused the injury.” It is obvious from this language that the municipal ante litem statute contemplates an injury sustained as a result of a negligent act or omission.

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Cite This Page — Counsel Stack

Bluebook (online)
797 S.E.2d 809, 300 Ga. 743, 2017 WL 875033, 2017 Ga. LEXIS 177, Counsel Stack Legal Research, https://law.counselstack.com/opinion/west-v-city-of-albany-ga-2017.