Greene’s attorney asks judge to reconsider ruling

A lawyer for a former Cherokee County School District employee is asking a Circuit Court judge to reconsider a ruling that tossed the employee’s lawsuit against the district.

Joel Greene, son of former school board member Sandra Greene, had sued the district in 2007 following his termination, arguing the district had breached employment agreements, denied Greene his due process rights, and denied Greene equal protection.

On June 3, Circuit Court Judge Derham Cole sided with the attorneys for the district, who argued Greene had no case, and granted summary judgement in a one-page order. The judge issued a formal order and opinion that was filed Sept. 2.

In his formal order, Judge Cole found that Greene was an “at-will” employee who was provided an opportunity for a hearing in the district when notified that his employment was being terminated, and therefore found no due process violations. In addition, the judge ruled there was no evidence the district breached any employment agreements.

Attorney Lovic Brooks III responded in a motion filed Sept. 15, in which he asked the court to alter or amend its ruling in several ways.

Greene’s lawsuit against the district stemmed from his June 8, 2007, termination that resulted from his arrest on a DUI charge.

Prior to the DUI charge, Greene had been suspended from work March 7, 2007, after he had been accused of taking a personal vehicle home while he was clocked in for work. Greene filed a grievance over that suspension on March 15, 2007, claiming his suspension was politically motivated and retaliatory in nature. The district and Greene subsequently entered into a settlement in which he was reinstated to work with partial back pay while he withdrew his grievance.

Records in the civil case state Greene subsequently was arrested for DUI on May 19, 2007, was suspended May 21, 2007, and terminated June 8, 2007.

Attorney Brooks argued the district improperly used the March 7, 2007, suspension against Greene when it terminated him following the DUI arrest, which he claimed was a breach of the settlement agreement.

Judge Cole ruled that the language in that settlement agreement was unambiguous and said nothing about prohibiting the district from considering Greene’s March 2007 suspension in any future disciplinary actions.

In his motion, Brooks argued, among other things, the court erred in finding the language in the settlement agreement was unambiguous and in finding that the testimony showed the parties did not agree to expunge Greene’s disciplinary record.

Newspaper coverage of Joel Greene’s employment and subsequent termination had also resulted in a lawsuit by Joel and Sandra Greene against The Gaffney Ledger and its publisher, Cody Sossamon. Circuit Court Judge Mark Hayes granted summary judgement to the newspaper in a seven-page order handed down March 31. The Greenes subsequently appealed that decision.