Rauback v. City of Savannah
| Decision Date | 30 March 2021 |
| Docket Number | CASE NO. CV418-167 |
| Parties | JOHN RAUBACK, Plaintiff, v. CITY OF SAVANNAH, SAVANNAH AIRPORT COMMISSION, and GREG KELLY, in his individual and official capacities, Defendants. |
| Court | U.S. District Court — Southern District of Georgia |
Before the Court is Defendant City of Savannah's (the "City") Motion for Summary Judgment (Doc. 82) and Defendants Savannah Airport Commission ("SAC") and Greg Kelly's (collectively, "SAC Defendants") Motion for Summary Judgment (Doc. 86). For the following reasons, the City's motion (Doc. 82) is GRANTED and SAC Defendants' motion (Doc. 86) is GRANTED.1
This case arises from alleged retaliation against Plaintiff John Rauback by SAC; Greg Kelly, SAC's executive director; and the City of Savannah. (Doc. 1, Attach. 2 at 3.) Plaintiff alleges that SAC Defendants and the City retaliated against him, in part, by terminating Plaintiff's employment with the SAC because Plaintiff reported various violations of law and policy by SAC representatives. (Id.) Plaintiff worked for SAC from July 2008 until his official termination in 2017, first as the director of administration and finance, and then later as the assistant executive director. (Doc. 86, Attach. 24 at ¶¶ 1, 2, 161; Doc. 155, Attach. 2 at ¶¶ 1, 2, 161.) In the following sections, the Court will describe SAC's history and its relationship to the City; Plaintiff's various duties as an employee of SAC; Plaintiff's various allegations against former SAC Commissioner Sylvester Formey; Plaintiff's complaints to Kelly about a SAC employee'sdiscriminatory conduct; and the circumstances surrounding SAC's investigation and termination of Plaintiff.
In the 1940s and 1950s, the City established SAC through a series of acts and a local constitutional amendment provided by the General Assembly of the State of Georgia. (Doc. 82, Attach. 5 at ¶ 1; Doc. 93, Attach. 2 at ¶ 1); see also Savannah, Ga., Mun. Code Div. I, Art. 8, §§ 8-401, 8-410; Savannah, Ga., Mun. Code Div. I, Art. 10, § 10-101. SAC was created to "administer the improvement, maintenance and operation of municipally-owned airports of Savannah."3 Savannah, Ga., Mun. Code Div. I, Art. 8, § 8-410. To carry out its mission, SAC was granted various administrative powers as set forth in the Savannah municipal code:
The Airport Commission is authorized to enter into contracts for the rental of buildings, land, office space, equipment and any other property now owned by the Mayor and Aldermen of the City of Savannah located at or on the airport property, to adopt rules and regulations for the operation of said Commission and said airports, to receive all revenues from the sale or lease of any properties used in connection with said airport, rentals, fees, grants and contributions and to make payment out of said funds for all necessary expenses, salaries, improvements, etc., to hire and discharge all employees necessary to fill the duties of said Commission and to fix the salaries and/or compensations, and to have exclusive control, custody and direction of all lands, properties and improvements fixed in them by the Acts of the General Assembly and to have general direction of the same.
SAC is comprised of five commissioners appointed by the Mayor and Aldermen of the City for a term of five years. Id. §§ 8-403, 8-404. Pursuant to its personnel decision-making authority, SAC hires an Executive Director, who acts as the final personnel decision-maker over all subordinate employees. (Doc. 93, Attach. 1 at ¶¶ 3-4; Doc. 155, Attach. 2 at ¶ 8.)
Despite its broad administrative powers, SAC is still subject to limited oversight by the City. Notably, SAC is described in the municipal code "strictly as an operating agency of the Mayor and Alderman of the City of Savannah", and the City retains all legislative authority to provide by ordinance for the operation and maintenance of the municipal airports. Savannah, Ga., Mun. Code Div. I, Art. 8, § 8-414. SAC is annually required to provide the City's Mayor and Alderman with a detailed statement of operations and a proposed budget for the following year. Id. § 8-413. SAC is also required to return to the City treasury all funds unused or unallocated in a given year. Id. Yet, SAC is defined in the municipal code as a "body corporate and politic" with "the right to sue and be sued in its own name." Savannah, Ga., Mun. Code Div. I, Art. 8, § 8-402.
In July 2008, Plaintiff was hired to be SAC's director of administration and finance for the Savannah/Hilton-Head International Airport (the "Airport"). (Doc. 86, Attach. 24 at ¶¶ 1, 2, 161; Doc. 155, Attach. 2 at ¶¶ 1, 2.) As director of administration and finance, Plaintiff's duties included, inter alia, managing the Airport's accounting and finance department; managing all airport administrative functions, including the human resources, procurement, contracts, and legal departments; and negotiating SAC employee benefits programs. (Doc. 86, Attach. 3 at 2-3.) Plaintiff was hired by Greg Kelly, then the assistant executive director, Patrick Graham, then the executive director, and a panel of two SAC commissioners. (Doc. 82, Attach. 5 at ¶ 4; Doc. 93, Attach. 2 at ¶ 4.)
In early 2014, Kelly, now the executive director, promoted Plaintiff to the position of assistant executive director. (Doc. 86, Attach. 24 at ¶ 2; Doc 155, Attach. 2 at ¶ 2.) Plaintiff described his duties as the assistant executive director as follows:
(Doc. 86, Attach. 24 at ¶ 5; Doc 155, Attach. 2 at ¶ 51; Doc. 86, Attach. 3 at 2.)
During the entirety of Plaintiff's employment, Kelly and Graham conducted his performance reviews. (Doc. 82, Attach. 5 at ¶ 5; Doc. 93, Attach. 2 at ¶ 5.) No City employee, official, or agent supervised or otherwise instructed Plaintiff in the performance of his duties with SAC. (Doc. 82, Attach. 5 at ¶¶ 7-8; Doc. 93, Attach. 2 at ¶¶ 7-8.) SAC issued Plaintiff's paychecks; the City, however, administered Plaintiff's pension plan. (Doc. 82., Attach. 5 at ¶ 6; Doc. 93, Attach. 2 at ¶¶ 4-6; Doc. 98 at 4-5.) On December 11, 2014, Kelly rated Plaintiff's performance as assistant executive director as "above average" or "exceptional" in all categories and recommended that Plaintiff receive a four percent pay increase for the following year.
The Disadvantaged Business Enterprise ("DBE") program, first enacted by congress in 1983, requires a percentage of the federal funding made available to Department of Transportation operating agencies to be expended with for-profit small businesses owned primarily by socially and economically disadvantaged individuals.4 The purpose of the DBE program is, in part, "to ensure nondiscrimination in the award and administration of DOT-assisted contracts in the Department's highway, transit, and airport financial assistance programs . . . ."5 49 C.F.R. § 26.1; see also 49 C.F.R. § 23.1. SAC's receipt of federal funding was contingent on its compliance with the federal regulations governing the DBE program. (Doc. 155, Attach. 23 at 17); see also 49 C.F.R. § 26.21(a)(3); 49 C.F.R. § 23.21. The DOT regulations require participating agencies to appoint a "DBE liaison officer, who shall have direct, independent access to [the operating agency's] Chief Executive Officer concerning DBE program matters." 49 C.F.R. §26.25. The liaison officer is "responsible for implementing all aspects of [the operating agency's] DBE program." Id.
As part of his job duties, Plaintiff served as SAC's liaison officer to the DBE program. (Doc. 86, Attach. 24 at ¶ 9; Doc. 155, Attach. 2 at ¶ 9.) As the liaison officer, Plaintiff was responsible for ensuring businesses participating in SAC's DBE program were certified with the Georgia DOT.6 (Doc. 86, Attach. 24 at ¶ 16; Doc. 155, Attach. 2 at ¶ 16.) Plaintiff also reviewed SAC's reports about DBE compliance before they were disseminated to the Federal Aviation Administration. (Doc. 86, Attach. 24 at ¶ 37; Doc. 155, Attach. 2 at ¶ 37.)
Plaintiff stated in his deposition that, typically, Airport vendors would select their DBE partners, then submit them to the Airport for approval. (Doc. 86, Attach. 24 at ¶ 11; Doc. 155, Attach. 2 at ¶ 11; Doc. 155, Attach. 104 at 36.) On April 1, 2013, Plaintiff sent a notice of default to Paradies Shops, Inc. ("Paradies"), a company that ran a gift shop in the Airport. (Doc. 86, Attach. 5 at 2.) The notice informed Paradies that JenMackSouth, LLC7 ("JenMack"), Paradies' DBE partner, was not certified as a DBE with the Georgia Department of Transportation. (Id.) Plaintiff's notice instructed Paradies that it was in default of its lease agreement with the Airport due to its non-compliance with DBE certification requirements. (Id.)
On the same day, Kelly sent an email to Sylvester Formey, then the SAC chairman, informing Commissioner Formey of Plaintiff's actions. The email reads:
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