Georgia County Government-August 2008

LAW continued from page 27 rogatories, requests for the production of documents, and depositions. To most litigants, the discovery period is often the most time-consuming and expensive part of the process. As would be the case if the dispute were before a judge, the special master may issue orders compelling, limiting or imposing conditions upon discovery. Judicial enforcement of these orders is also available and may be obtained by either party in the same manner as final orders of the administrator or a special master. This procedure is enacted by the fi ling in the superior court of the county of residence of the public respondent employer, a certified copy of the order, which will be made a judgment of the court without any further proceedings being necessary or available. Because of the expansive nature of the discovery process, local government respondents should treat all matters referred to a special master as they would any other litigation matter. mately go to a hearing before the special master. All testimony taken during the hearing before the special master is to be under oath and recorded by a court reporter. Additionally, as prescribed by statute, the special master may hear arguments and consider further evidence related to relevant issues.21 A complainant in a special master hearing may either be represented by counsel at his or her own expense or in the absence of retained representation, will be represented by the Agency’s staff.22 Additionally, the special master is authorized to award attorney’s fees to a prevailing complainant for actual damages.23 comply are essential to avoiding possible legal exposure for your public entity and possible adverse publicity. ■ Thomas A. Cox, Jr., Esq. and Tamika Nordstrom, Esq. may be contacted at 1170 Peachtree Street, NE, Suite 800, Atlanta, Georgia 30303; (404) 962-6100; also via e-mail at: tcox@millermartin.com or tnordstrom@millermartin.com The Hearing If the matter is not settled during the discovery phase, the matter will ulti- Conclusion While FEPA has been around for quite some time, this little-known state discrimination statute could blindside a public employer if it is unaware of the substance and procedures contained therein. Knowledge regarding the existence and procedure of FEPA is becoming increasingly important to public employers. Knowledge regarding FEPA and the potential pitfalls of failing to fully Footnotes 1 GA. CODE ANN. § 45-19-21(a) (1) (2002). 2 See Id. 3 GA. CODE ANN. § 45-19-21(a) (3) (2002). 4 GA. CODE ANN. § 45-19-22 (2002). 5 See G.B.I. v. Heard, 305 S.E.2d 670, 671 (Ga. Ct. App. 1983); GA. CODE ANN. § 45-19-21 (2002). 6 GA. CODE ANN. §§ 45-19-29; 45-19-30; 45-19-34 (2002 & Supp. 2007). 7 GA. CODE ANN. § 45-19-45 (2002). 8 GA. CODE ANN. § 45-19-22(5) (2002). 9 GA. CODE ANN. §§ 45-19-22(5); 45-19-36(b) (2002). 10 GA. CODE ANN. §§ 45-1927(10); 45-19-36(b) (2002). 11 GA. CODE ANN. § 45-19-36(h) (2002). 12 GA. CODE ANN. § 45-19-27(10) (2002). 13 GA. CODE ANN. § 45-19-36(d) (2002). 14 GA. CODE ANN. 45-19-36(g) (2002). 15 GA. CODE ANN. § 45-19-36(e) (2002). 16 GA. CODE ANN. §§ 45-19-36(f); 45-19-37 (2002). 17 GA. CODE ANN. § 45-19-36 (2002). 18 GA. CODE ANN. § 45-19-37 (2002). 19 Id. at (c). 20 Id. at (d). 21 Id. at (d). 22 Id. at (i). 23 GA. CODE ANN.§ 45-19-38(d) (2002 & Supp. 2007). 28 GEORGIA 386261_Clough.indd 1 COUNTY GOVERNMENT 6/9/08 12:06:45 PM http://www.cloughharbour.com

Table of Contents Feed for the Digital Edition of Georgia County Government-August 2008

Georgia County Government- August 2008 Contents President’s Message County Matters Georgia’s Transportation Issues More Critical to Counties than Ever Expanding Rural Airports: Partnering for Economic Development in Upson County Meet DOT Commissioner Gena Abraham Bridge Infrastructure and Risk Counties and the Law: Georgia’s Fair Employment Practices Act Georgia’s Grand Old Courthouses: Coffee County Extension News: Infrastructure Investments Save County Funds Research Corner: Getting the Most Out of Your Research Discover the New Georgia Encyclopedia NACo News Staff News County Parade Index of Advertisers

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