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S11A1748. ELLIS et al. v. CALDWELL
State: Georgia
Court: Supreme Court
Docket No: S11A1748
Case Date: 01/09/2012
Preview:Final Copy 290 Ga. 336 S11A1748. ELLIS et al. v. CALDWELL.

THOMPSON, Justice. Appellants Burrell Ellis, DeKalb County CEO, and Eddie O'Brien, Fire Rescue Chief of DeKalb County (collectively, "the County") appeal from the grant of a writ of mandamus ordering the County to reinstate appellee Sell Caldwell III to his former position as a fire captain in the DeKalb County Fire Rescue Department and awarding him back pay and costs of litigation. For the reasons that follow, we affirm. The facts are not in dispute. On February 2, 2010, Caldwell's employment as a captain with the DeKalb County Fire Rescue Department was terminated by the former Fire Rescue Chief based on allegations that Caldwell: (1) failed to locate the dispatch address in the course of responding to a fire; and (2) failed to take command of the scene of a fire.1 As a Merit System employee, Caldwell was informed of his right to appeal that action to

The termination notice stated the action was taken pursuant to "DeKalb County Code, Chapter 20, Article IX,
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