03 April 2018

An Analysis of the Appeal of the Termination of the Former NCRC Director: A Seemingly Clear Vindication of McKelvey, Rhodes, et al

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[Covington, GA, USA * 4/3/18] -

The Piedmont Chronicles, after having perused the full "Final Decision" of the Appeal of Termination between Appellant Anthony Avery & Appellee/Employer NEWTON COUNTY REC. COMMISSION (NCRC), truly believes that this serves as a seemingly clear vindication of possibly the entire former NCRC board, or, at a minimum, Messrs. Josh McKelvey & Steven Rhodes.

As previously reported, TPC has waded through upwards of 900 pages of documents, some having been the result of ORRs filed by - and financially responsible to - The Chronicles pertaining to & relating to this entire affair from its inception (Need some background? Go back to late November of this publication & read from there), starting with the NCRC investigative committee & its findings in November of 2017.

As evidenced in those documents, and later upheld by the Newton Co. review & now with this appeal, the reasons for termination FOR CAUSE seem to be legitimate due to the purported violations in said documents. And Per Hearing Officer E. Logan Butler, there was a "preponderance of the evidence" that the termination was based on violations of the pertinent rules & regulations of the former director pertaining to & involving several things including, but not limited to, the following:

From the Appeal Hearing's "Findings":

- an inference that the former director did not comply with sound management & financial procedures & policies, particularly as it related to write-offs, including write-offs for family members. 
- evidence of insubordination
- improper utilization of mileage reimbursements 

          - conflict of interest issues

          - and others

The findings also mentioned  case law that TPC had already researched that is apropos to the situation in the case of Norris v. Henry Co., 255 GA. App. 719 (2002), which clearly states "the employer's failure to provide [a due process pre-termination hearing] is not a constitutional violation under the due process clause if the employer provides a later procedural remedy (emphasis added). Or, if you will, that an oversight, or a mistake, can be made right, truly & legally.

I had a discussion, maybe a month or so ago, with an unlikely source. A certain Atty-at-Law. Though not specifically stated, I treated it as off the record. It was an illuminating & at times very enjoyable conversation that ranged from the balancing of equities, seeking Justice "though the Heavens may fall," and doing the right things & always striving to do things right.

One thing that I mentioned was a keen fear of the dangers of preconceived notions & group-think, us-vs-them-oriented, base & illogical identity politics.

People's lives are involved here.

Josh McKelvey, Steven Rhodes & others - unpaid volunteers- have been targeted, tarnished, and - in my opinion - bullied with this thing. I'd think they'd be entitled to remedy & satisfaction.

But per some very broad brush strokes that were printed in both of the traditional media outlets of Newton Co - all those people - all - according to the counsel of record, are personally responsible for being guilty of purported "racism," including Rhodes, an African-American.

This'll be the last time I post about this story for the time being. I'm still very much investigating it. The file continues to thicken up. But, to quote a wise woman from the home county, I'll be keeping my powder dry for the moment.

Very Truly Yours,

Marshall B. McCart 

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