“The court finds that plaintiff received all the due process to which he was entitled,” U.S. District Judge Jack T. Camp said in the 19-page ruling April 10.
As chief marshal, Hairston was responsible for enforcing county ordinances and state laws. But county officials said Hairston ran afoul of the law himself after he and four family members organized LaGrange/Troup County Speedway Inc. in 2001, leasing 20 acres on Heard Road from Hosea McDaniel to operate a drag strip.
Hairston was vice president of the corporation and the track’s operations manager.
In 2004 and 2005, County Manager Mike Dobbs ex-pressed concerns about erosion and noise complaints at the drag strip, as well as concerns about a particular event that was to be held at the facility. On Oct. 27, 2005, Dobbs sent Hairston a letter about the continuing erosion problems, the track operating outside the scope of its approved operations and track operators failing to get licenses for special events.
“Your actions as a partner in the drag strip are putting the credibility of the position you hold at risk,” Dobbs said in the letter. “Citing someone for violating any of the county ordinances described above would be difficult if you violate them. Please consider the ramifications of being associated with this venture.”
On Nov. 3, 2005, Hairston told Dobbs he had sold his Speedway stock and re-signed as vice president, but Dobbs said Hairston never complied with his request for a copy of the resignation.
On Nov. 4, 2005, the state Environmental Protection Division notified Troup County about the erosion problems, as well as nitrous oxide, empty containers and trash dumped at the drag strip. Dobbs forwarded the letter to Hairston and suggested Hairston meet with county engineer James Emery to plan corrective measures.
About Nov. 21, 2005, a person told Dobbs that illegal demolition debris from a school had been dumped at the drag strip. Emery inspected the debris, which included old lumber, vinyl siding, linoleum, brick, concrete, PVC pipe, appliance parts, tree limbs, wire, auto body parts, tires and roofing materials. One contractor said Hairston had solicited the dumping, but re-quested only brick, concrete and dirt.
On Dec. 20, 2005, Dobbs terminated Hairston, who appealed to the county Personnel Review Board, a six-member panel appointed by the County Commission, which upheld the termination after an all-day hearing on Feb. 2, 2006.
Hairston filed an appeal in Superior Court, but a judge dismissed it because Hairston failed to serve the appropriate county official within five days as required by state law. He filed the federal suit on Aug. 2 against Dobbs and the County Commission. It cited procedural errors at the Review Board hearing, but “the record does not support plaintiff’s allegations,” Camp said. “Plaintiff was aware of the Review Board procedural rules prior to the hearing.”
“The undisputed facts in the record,” Camp said, “demonstrate that the pre-termination procedures afforded to plaintiff were sufficient to satisfy the requirements of procedural due process, and the post-termination hearing before the Review Board was sufficient to remedy any procedural defects in the pre-termination process.”
Hairston, who can appeal the decision, could not be reached for comment Thursday.
Joel Martin can be reached at jmartin@ lagrangenews. com or (706) 884-7311, Ext. 235.
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