A Fort Oglethorpe police officer renewed a lawsuit against the city this week, claiming her bosses and other elected officials created a hostile work environment because she is a woman.
Sgt. Tammy Davis said in an amended complaint that city officials threatened to fire her several times and disciplined her, instead of her male counterparts, even though they supposedly broke the same rules. Davis, the city’s only female officer, is suing for breach of contract, violation of the employee handbook and violation of the Civil Rights Act.
Davis first filed this lawsuit in May 2013, but the case has been on hold because the U.S. Equal Employment Opportunity Commission had to independently investigate her claims. The federal agency looks into charges of discrimination, then gives complainants permission to continue with their lawsuits once its agents complete their investigation.
In this case, Davis received a “right to sue” letter in June.
Davis originally filed this complaint seven months after she said former City Councilman Charles Sharrock sexually harassed her. In October 2012, she said, Sharrock hugged her, rubbed her back and kissed her cheek at City Hall. Two other female city employees also had filed complaints against Sharrock, and the other councilmen voted to oust him in November 2012.
In her lawsuit, Davis argues that Sharrock was not the only city employee who treated her inappropriately.
Car trouble
In 2009, after rain flooded the City Hall parking lot, Davis tried to leave work in a police cruiser. But the water was too high, causing damage to the motor. She said in her complaint she had no other choice but to drive through it: There was only one exit from city hall.
When city councilmen heard about the incident, she said, they told Police Chief David Eubanks to fire her. He refused, giving her a written reprimand instead.
Louis Hamm, who was on the council at the time, said Wednesday that the elected officials don’t have the authority to pressure Eubanks to fire Davis. He said Eubanks is the only one designated to make those kinds of personnel decisions.
“The police advised citizens not to be going through high water because of the danger of it and all,” he said.
That same year, when Davis became pregnant with her first child, she said the council told Eubanks to take away her patrol vehicle. Hamm said he doesn’t remember any issue like that.
Fort Oglethorpe Detective Tammy Davis, right, speaks as attorney McCracken Poston listens during a meeting of the Fort Oglethorpe city council Tuesday to hear testimony about council member Charles Sharrock“If that was recommended,” he said, “that would go to the city manger. The city manager would make a decision on that with the chief of police.”
In 2012, Davis said, Eubanks suspended her for five days after she crashed her patrol car. But she said the chief had been told to present the crash to the City Council, giving them a reason to fire her. Around the same time, she said, a male officer backed his car into a parked vehicle – but the council did not care.
Again, Hamm said Tuesday that the council doesn’t have the ability to fire Davis, even if most of the members wanted to.
“I don’t know what she’s talking about,” he said.
Davis also brought up another crash, one she said wasn’t her fault. When she pulled over a motorist in 2010 who she thought was drunk, she said, the driver backed into her car. She said then-Councilman Johnny Smith saw the crash, called Eubanks and demanded he fire Davis, not realizing it was not her fault.
Smith did not return a call seeking comment Tuesday.
Alleged harassment in the office
Davis also said former interim Police Chief Jeff Holcomb looked for ways to fire her because she filed a lawsuit against the city. She said he forced an internal investigation into Davis because she kept in her office three cellphones that were evidence in a child pornography case.
She said male investigators also kept evidence in their offices, and Capt. Gary McConathy said the investigation was “worked up” so that Holcomb could get rid of her.
Holcomb, however, said he wasn’t the one who investigated that incident. He said he was out of the office one day when McConathy called him and told him something about the evidence in Davis’ office. He said McConathy then led the investigation.
Detective Greg Wingo wrote an incident report about the cellphones, and McConathy approved it.
“There was no discipline on it,” Holcomb said. “There should have been discipline.”
He also said he wasn’t looking for an excuse to fire her: “That’s utterly ridiculous. The (lawsuit) she filed had nothing to do with me, nor did I care.”
Davis also said she was harassed at work for being heavier after giving birth to her second child. She said she asked to wear blue jeans to work one day a week because her other pants didn’t fit.
She said Holcomb then told a male lieutenant to go to Wal-Mart with Davis and make sure she bought appropriate clothing.
Holcomb, meanwhile, said Davis is attacking him for his charity. He said others in the office came to him and asked to use city money to buy her pants because hers didn’t fit. He said he gave her a city credit card.
“I thought I was doing her a favor,” he said.
Contact Staff Writer Tyler Jett at tjett@timesfreepress.com or at 423-757-6476.