Jones v. Brooks County Bd. of Com'rs of Roads & Revenues, A91A1527
| Decision Date | 16 January 1992 |
| Docket Number | No. A91A1527,A91A1527 |
| Citation | 414 S.E.2d 729,202 Ga.App. 515 |
| Parties | JONES v. BROOKS COUNTY BOARD OF COMMISSIONERS OF ROADS & REVENUES et al. |
| Court | Georgia Court of Appeals |
James W. Lovett, Quitman, for appellant.
Long & Denton, Allen D. Denton, Quitman, for appellees.
Plaintiff Charlotte B. Jones was employed as acting director of the Brooks County Library by defendant Board of Trustees of the Brooks County Library from March 1, 1983 to August 31, 1988. At no time during her employment did her employer make payments on her behalf to the Teachers Retirement System of Georgia. After termination of employment, plaintiff filed suit alleging the Board of Trustees was required by law to make payments into said retirement system and praying for damages against the Board of Trustees and defendant Brooks County Board of Commissioners for the amount the Board should have paid into the system over the years of her employment. Defendants answered and denied the Brooks County Library was required by law to make retirement fund contributions on plaintiff's behalf. Plaintiff's motion for summary judgment was denied and the case was tried before a jury. At the conclusion of plaintiff's evidence the trial judge directed a verdict in favor of defendant Brooks County Board of Commissioners. The jury returned a verdict for defendant Board of Trustees of the Brooks County Library. Plaintiff appeals.
1. Plaintiff first argues the trial court erred in denying her motion for summary judgment. In her motion, plaintiff argued her employer was required by law to make contributions to the Teachers Retirement System of Georgia. Pursuant to OCGA §§ 47-3-41.1 and 47-3-42, an employer of a teacher is required to make contributions on the teacher's behalf to the Teachers Retirement System. The definition of "teacher" as used in the Code chapter dealing with the Teachers Retirement System includes "[l]ibrarians and clerical personnel employed by regional and county libraries." OCGA § 47-3-1(28)(O). Defendants opposed plaintiff's motion for summary judgment, arguing the entity known as Brooks County Library was not, as a matter of law, a county library. According to defendants, a public library may be established only as provided in OCGA § 20-5-40 (b): by resolution of the governing authority of a county or municipality; by approval of voters in a referendum which a governing authority is required to hold in response to a petition by 35 percent of the voters; or by contractual agreement between the governing authorities of any county or municipality. Defendants submitted the affidavit of the Clerk of Brooks County attesting that the county records from 1935 to September 1, 1988 contained no resolution or act establishing a public library, no written petition containing the names of 35 percent of the voters requesting a referendum on establishing a public library and no contract with another political entity establishing a public library. We note that the current provisions of OCGA § 20-5-40 were enacted in 1984 and at the time plaintiff first became employed by the Brooks County Library said statute merely authorized counties to establish and maintain public libraries but did not specify the manner in which they could be established. See Ga.L. 1935, p. 409, §§ 1-3, Ga.L. 1937, p. 715, § 1 and Ga.L. 1979, p. 637, § 1. Thus, assuming, without deciding, that Brooks County Library could be shown to be a county library at the time her employment commenced, despite the absence of county resolution, et cetera, plaintiff failed to submit any admissible evidence that the Brooks County Library was, as a matter of law and fact, a county library. Thus, the trial court did not err in denying plaintiff's motion for summary judgment.
2. At the trial of the case plaintiff submitted evidence that the...
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