Fort Oglethorpe, detective settle sexual harassment lawsuit

Tammy Davis, right, speaks as attorney McCracken Poston listens during a 2012 meeting.
Tammy Davis, right, speaks as attorney McCracken Poston listens during a 2012 meeting.

A Fort Oglethorpe detective's lawsuit against the city was dismissed earlier this month following a settlement.

Tammy Davis, who sued the city on sexual harassment charges, received $25,000 as part of a deal with the city, court records show. A federal judge then dismissed the lawsuit Oct. 6.

Davis sued the city three years ago, claiming that a city councilman sexually harassed her, that she received unfair treatment because of her pregnancy and that she was treated unfairly for being a woman - including receiving discipline for a car crash when her male counterparts did not. The settlement for the case was negotiated by lawyers for the city and a court trustee.

The trustee, Douglas Johnson, did not return a call or an email seeking comment. Neither did Davis' lawyer, Stuart James. An attorney representing the city, Marty Heller, and former City Manager Ron Goulart said they weren't sure if they were legally allowed to discuss the settlement.

The origins of the lawsuit date back to October 2012, when Davis said that City Councilman Charles Sharrock hugged her, rubbed her shoulders and kissed her on the cheek. After Davis filed a complaint, the other city councilmen held a hearing on the issue, during which two other female city employees testified that Sharrock harassed them, as well.

The council then voted to oust Sharrock from the panel in November 2012.

In May 2013, Davis first filed her lawsuit against the city. Her attorney modified the filing three times, most recently in August 2015. James wrote that his client, the only female member of the police department, was on the receiving end of other forms of harassment.

After the birth of Davis' second child, according to the filing, she asked to wear jeans to work. Police Chief Jeff Holcomb then told a lieutenant to go shopping with Davis at Wal-Mart. Also, according to the filing, Holcomb forced an investigation on Davis for keeping three phones tied to a child molestation case in her desk - an investigation that James asserted was retaliation for Davis speaking out against Sharrock.

Capt. Gary McConathy said the investigation was "worked up" as an excuse to get rid of Davis. Holcomb said McConathy was actually the one who started the investigation, not him. Holcomb also said he thought he was doing Davis a favor by letting her shop for jeans.

In addition to these claims, James said in his lawsuit that Davis received unfair treatment for accidents with her police car. In 2009, she drove through standing water because there was no other exit out of city hall. The water flooded the engine, and Davis received a reprimand.

In 2012, she received a five-day suspension after a car crash in which she was deemed at fault. According to the lawsuit, Davis' male counterparts would not "have been treated in a similar manner."

Pointing out that the city's employee handbook had a non-discrimination policy, James sued Fort Oglethorpe for breach of contract, violation of the handbook and violation of the Civil Rights Act.

In October 2015, U.S. Magistrate Judge Walter Johnson wrote that the evidence presented did not seem to support the claims James pursued.

"[Hostile work environment claims are] difficult to meet, and the current allegations do not appear sufficient," Johnson wrote. "Moreover, an employer can avoid liability if it immediately took steps to remove the harasser, which the City apparently did here [with Sharrock]."

Johnson, the trustee who negotiated the settlement, said it represented "a value that appears to be abundantly reasonable under the circumstances."

Davis pointed out that the money was coming from an insurance company, not directly from the city.

Contact staff writer Tyler Jett at 423-757-6476 or tjett@timesfreepress.com. Follow him on Twitter @LetsJett.

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