A lawsuit that might have cost Augusta taxpayers millions quietly came to an end Aug. 30.
It involved the city’s administrator-before-last – Jarvis Sims – who served as interim administrator for 19 months after former Administrator Janice Allen Jackson was let go.
After former Administrator Odie Donald II took over in November 2020, he fired Sims and deputy administrator William A. “Tony” McDonald, on the same day with the same letter, saying the office needed a “fresh start.”
But the termination followed Sims telling Human Resources he was in need of a kidney transplant, and taking three months’ sick leave to prepare for dialysis and an eventual transplant.
This is according to his complaint filed in U.S. District Court for the Southern District of Georgia.
What might have seemed like a slam-dunk by another disenchanted employee was hardly that, however. U.S. District Judge J. Randall Hall upheld the city’s motion for summary judgment in an order filed last month.
Sims, who couldn’t be reached for comment, hasn’t appealed the ruling to a higher court, nor has the Augusta Commission approved some sort of settlement. Both still could happen.
ADA, ADEA, FMLA complaints
Born in 1969, Sims brought complaints against the city under the Americans with Disabilities Act, the Age Discrimination in Employment Act and the Family and Medical Leave Act. He contended the city discriminated and retaliated against him in firing him due to his age and disability.
Sims was one of two deputy administrators brought aboard in August 2018 by Jackson. She’d hired them both at about the same time, not long after former deputy Chester Brazzell died and former deputy Ted Rhinehart resigned.
Eight months later when Jackson “was released” by the commission in April 2019, Sims began an 18-month stint as interim administrator.
He made few waves as the city’s interim leader as COVID-19 set in in March 2020, with Mayor Hardie Davis taking the visible lead on coronavirus pronouncements.
By November 2019 when Donald took office, Sims said he’d informed Human Resources Director Anita Rookard he would need significant time off to prepare for and obtain a kidney transplant.
He and McDonald helped facilitate Rookard’s hiring earlier that year. They also brought in Maurice McDowell as an interim deputy administrator, the records said.
New administrator, new staff
Donald replaced Sims and McDonald with two new deputies not substantially younger than Sims.
Bringing in his own staff was a normal occurence and was something Janice Allen Jackson had done, Donald said, using sports metaphors to explain why the office needed two new deputies.
“It would be the equivalent of Damon Stoudamire at Georgia Tech who just started as their new coach, who is bringing in a new coaching staff now that he’s looked and evaluated and, you know, things of that nature,” Donald said in a deposition made part of the court record.
Donald claimed in court fillings neither Rookard nor anyone in the administrator’s office mentioned why Sims had taken two months of medical leave or might need more after his return in February 2021.
Rookard said she learned of the twin firings on the day of, when Donald brought her in as a witness. Sims insisted in court fillings that Rookard said she’d clarify with Donald.
Missed opportunities?
He had informed Donald in writing about his need to take additional medical leave, but Donald said he hadn’t seen it or did not remember, the filings said.
“I had made several attempts to meet with Mr. Donald face-to-face. However, each meeting he canceled or changed the meeting and then canceled. So, I actually had to leave this document with his executive assistant,” Sims said.
In addition, Sims claimed Rookard told him that Donald would have to approve him being eligible for the city’s sick leave pool for the additional time off, he said.
Hall wrote that under the ADA, stating the future need for a transplant is not the same as a specific request for an accommodation.
Constructive knowledge is not enough; the decision-maker must know, he wrote.
A point the defendants raised in their motion for summary judgment was that no one overheard Donald making derogatory comments about Sims’ age.
Kidney not in writing
In addition, by March 2023 when Sims was deposed, he had still not scheduled the kidney transplant. Any promise of a kidney was never shown in writing and nor was any donor’s decision to back out, the motion said.
Sims and McDonald were ushered out of the office on the day of their terminations, with Sims reportedly in shock.
“What about my kidney disease?” he asked. “I needed this, you know, the insurance. I needed all this for my kidney disease. And they said – you know, kind of shoved their shoulders and (acted) very insensitive.”
Sims and McDonald gone, Donald went on to hire two deputies of his own: Charles Jackson, who remains now as an interim deputy administrator under Interim Administrator Takiyah Douse, as well as interim Recreation Director; and Tanikia Jackson, who has since resigned. Sims did not apply for the permanent position.
By June 2021, McDonald was working as interim administrator in Newberry County, S.C.
Jackson follows Donald to Atlanta
Tanikia Jackson, no relation to the other Jacksons, followed Donald to Atlanta where she’s now served nearly two years as a deputy chief of staff under Donald. He left Augusta to become chief of staff for Atlanta Mayor Andre Dickens.
Sims was last reported working as a crime analyst for East Point, Ga., where he was employed for 16 years before coming to Augusta, according to court filings. He briefly served as city manager in Greensboro, Ga., and Covington, Ga., after leaving Augusta.
The city was represented by Freeman Mathis & Gary, an Atlanta firm that frequents outside legal work for Augusta Regional Airport. Sims was represented by Atlanta attorney Grant McBride.
Augusta administrators don’t always arrive with a coaching staff. Former administrator Fred Russell employed longtime department head Tameka Allen and an outside hire in the roles.
Ten years later, Mayor Garnett Johnson is pushing to hire Allen, who served as interim administrator during the 2014 ice storm. She would replace Takiyah Douse, interim administrator since Donald left.
Last week, Johnson called an impromptu meeting to hire former deputy and interim administrator Tameka Allen as permanent administrator but lacked a quorum to convene the meeting.
