Lawyers for the city of Augusta filed a motion asking Superior Court Judge Jesse Stone to reconsider or modify his earlier judgement in the case of The Augusta Press Et. Al V. The city of Augusta and Stone issued a definitive “no.”
The Augusta Press, along with The Augusta Chronicle and television stations WJBF and WRDW, successfully petitioned the court for an injunction to prevent commissioners from voting on the current finalist for Augusta’s fire chief, Antonio Burden, until the city provides documents on at least two other people who interviewed for the position along with Burden.
MORE: Local Media Seek Injunction to Obtain Fire Chief Hiring Documents
In a hearing Friday, attorneys for the city argued that they do not know how to fulfill the judge’s order because no one was considered a “best qualified” candidate.
“What did the city do, then? Just pull a name out of a hat?” Stone asked.
Augusta General Counsel Wayne Brown also argued that the ruling would have ramifications throughout Georgia because people can no longer apply for a position and keep their information confidential. Stone countered that, according to the statute, people can apply confidentially, but once they are considered as a possible finalist, they can opt to keep their application confidential by withdrawing their name.
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Plaintiff’s attorney David Hudson told the judge that the city could have easily replied to the original media open records requests that no one had yet been named finalist, but instead the requests were ignored entirely, which is a violation of the law.
“It would have been so easy for them to do, but they botched it,” Hudson told the court.
Stone noted that the city chose four people to interview out of a wider pool of applicants, using a scoring system. The implication is that those four people were considered to be best qualified. The top candidate announced by the city, and whose records have been provided, is Antonio Burden, assistant fire chief in Dekalb County.
“If for some reason Burden was voted down by the commission, then the city would have to move on to the next best qualified candidate,” Stone said.
Interviews for the position were April 15, and Burden was announced as the sole finalist “by consensus.” The city released only his name to the public when the law states that “as many as” three candidates may be released.
Burden’s troubling personal past then began to emerge.
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Burden has had his share of legal and financial issues. Burden has been found in contempt of court twice and has been taken to court on two other occasions for not paying his bills.
Back in May 2020, Burden was suspended from his DeKalb County job for five days after he and his county-issued vehicle were seen at a liquor store, according to a WRDW television station report based on his personnel records.
As recently as 2019, Burden was found in contempt of court for refusing to pay alimony to his ex-wife in the amount of $11,400. The complaint asked for Burden to be “incarcerated until he purges his contempt.”
MORE: “Finalist” For Fire Chief Has Questionable Past
The judge found Burden in contempt and ordered him to pay his alimony to avoid jail.
Barring an eleventh hour appeal, the city has until close of business on Monday to disclose at least two other candidates and then must wait 14 days to vote on a finalist to avoid being found in contempt.
Scott Hudson is the Managing Editor of The Augusta Press. Reach him at scott@theaugustapress.com.
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