The controversy surrounding DeKalb County commissioners’ 60-percent pay raise is headed to the highest court in the state.
The Georgia Supreme Court has agreed to hear an appeal filed by an activist who challenged the legality of the salary hike that was approved during a February 2018 meeting. Commissioners voted on the item although it was not on the agenda, and there was little advance notice and no discussion prior to the vote.
The commissioners’ actions drew criticism among DeKalb residents, particularly among those who closely follow the commission. Ed Williams, a resident active in DeKalb politics, was among the loudest critics and he made various attempts to have it repealed. He said Wednesday that the Supreme Court has given him a new opportunity to challenge the raises he believes were illegal and unconstitutional.
“The lesson I want to convey is that a person should not give up when it seems like there are no options,” Williams said Wednesday. “Sometimes, in order to get the justice you have to be willing to fight all the way to the end.”
Williams complained to Attorney General Christopher Carr shortly after the February vote. By the time Carr responded to say the salary increase vote was a likely an open meeting violation, it was outside of the window where he could do anything about it.
DeKalb Solicitor-General Donna Coleman-Stribling also said the February vote lacked transparency, but she also never took any action.
Williams filed suit in DeKalb Superior Court in August. During a January hearing in Judge Gregory A. Adams' courtroom, William acted as his own attorney in arguing the case.
Adams ultimately granted the county's request to dismiss the case. He said that state law shields commissioners from being sued for decisions made in their official capacity and that Williams waited too long to sue over an Open Meeting Act violation. Adams also rejected Williams' argument that commissioners do not have legal authority to approve their own raises.
That same month raises went into effect and the base salary for the seven commissioners jumped from $40,530 to $64,637. Williams applied for an appeal almost one year to the date of the pay-raise vote.
Williams learned on Wednesday that the Supreme Court had approved his application. His next step is to file a notice of appeal, which Williams said he planned to do today. The high court’s action is sure to keep an issue alive that commissioners have tried to tamp down for the past 13 months.
DeKalb County officials did not immediately respond to requests for comment on Wednesday about the Supreme Court’s decision to accept the case.
Williams said he is looking for an attorney that will represent him pro bono before the Supreme Court. But if that doesn’t happen, he is prepared represent himself at the highest court.
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