Published Sunday, July 26, 2009

Subpoenas issued in Schlumper's suit against the county

The Newnan Times-Herald

The discovery process is in full swing in former Commissioner Leigh Schlumper's federal lawsuit against Coweta County, and the attorneys representing Coweta have sent out multiple subpoenas for testimony and documents.

Schlumper filed the lawsuit in February 2008, alleging she was unfairly deprived of her turn as chairman of the Coweta County Board of Commissioners because she's a woman. Schlumper also accuses former Commissioner Tim Higgins and Commissioner Tim Lassetter of slander and libel.

In March, Judge Jack Camp ruled against the county's motion to dismiss. Camp did dismiss equal protection claims against Lassetter, ruling that he was entitled to qualified immunity for voting to reappoint Higgins as chairman instead of voting for Schlumper. The rest of Schlumper's claims were allowed to go forward.

On July 6, Kelly Morrison and Benton Mathis, the Atlanta-based attorneys hired to represent Coweta in the suit, issued subpoenas to the Coweta County School District, the YMCA of Metropolitan Atlanta and the Coweta County Soccer Association.

On July 20, subpoenas were issued to Jim Lauzon of Newnan Utilities and Sarah Fay Campbell of The Times-Herald.

On July 24, the county's attorneys filed a notice to take Schlumper's deposition under cross-examination, on Aug. 6, to take the depositions of Jay Jones, Bobby Schlumper and Alan Cooper.

The school system has been asked to release the "complete file and records with regards to the employment records of Deborah Jones." The subpoena asks for information as varied as Mrs. Jones' health insurance policy and records of any injuries and disabilities to any e-mails or correspondence relating to Leigh Schlumper.

Deborah Jones is the wife of Jay Jones.

Schlumper alleges in her suit that Higgins and Lassetter "intentionally calculated to injure her" by spreading rumors that Schlumper and Jones were romantically involved.

Schlumper's attorney, Lee Parks, said in a May 2008 court filing that Lassetter and Higgins "flamed the rumors of adultery through the firehouse and to the local media."

Schlumper also received threatening letters and harassing phone calls, allegedly from firefighters or someone purporting to be a firefighter. Those threats were investigated by the Georgia Bureau of Investigation. According to the GBI file, Jones told investigators that he and his wife had also received harassing phone calls.

According to the original court filing, problems began in 2006 when Jones was promoted to the position of deputy chief of the Coweta County Fire Department instead of Todd Moore, a close friend of Lassetter. Schlumper alleged in the filing that Moore and other fire department employees told Lassetter Schlumper was having an affair with Jones, whom she has been friends with since high school.

The subpoenas sent to the YMCA and Newnan Utilities ask for documents relating to Schlumper's employment at both organizations. The documents asked for are nearly identical to those requested in the Jones subpoena.

The Coweta County Soccer Association was asked to produce the minutes of all association meetings held since 2000, and "any and all records relating to Leigh Schlumper."

Jim Lauzon is subpoenaed to testify about "any and all personal knowledge related to an alleged relationship between" Schlumper and Alan Cooper, former director of coaching at the soccer association.

Campbell was asked to name the anonymous source that provided her with copies of letters written by disgruntled firefighters. In Schlumper's suit, she alleged Tim Lassetter "encouraged and orchestrated the delivery of numerous written allegations, signed by Coweta County firefighters, to the local media, which claim that Schlumper is or was engaged in an adulterous relationship with Jones."

David Hudson, attorney for The Times-Herald, responded to the subpoena stating that The Times-Herald objects to the subpoena "because there has been no showing sufficient to overcome the reporter's privilege" under Georgia's shield law. "Until such time as your client can make a showing sufficient to overcome the privilege as required" by state law, "I hope you will confirm to me that your deposition subpoena is rescinded or held in abeyance."

Kelley Morrison responded saying that the subpoena for Campbell would be suspended "pending further developments in this case."