Water Worker's Whistleblower Suit Revived In Georgia

A former water worker waging a whistleblower lawsuit in Georgia is getting another chance to be heard in court.

“Following a unanimous Georgia Supreme Court ruling that presuit notices are not required before a whistleblower suit can be filed against a municipality, the Georgia Court of Appeals on Thursday revived a former water department worker's suit against the city of Atlanta that was dismissed on that issue,” according to Daily Report.

Terry Riggins served as a wastewater analyst and treatment operator for Atlanta's watershed department, according to the report. Riggins claims she was fired after speaking up about a potential threat to city drinking water. She said workers were using the same equipment on drinking water projects as they did on sewer system operations, according to the report.

The case was dismissed last year because her lawyer did not send out notices that she planned to sue, according to a previous Daily Report article. But a Georgia Supreme Court decision will revive the case because it specified that that presuit notices are not necessary in whistleblower suits, the report said.

Riggins' lawyer, Harry Daniels of Daniels & Cauble, welcomed the news.  

"We briefed the same issue in our response to the city's motion to dismiss and in our appellate briefs," Daniels said. "Ms. Riggins' case is very important for the city of Atlanta and for its citizens. We're glad she's going to have her day in court."

Details of Riggins original claim, per Courthouse News Service:

According to Riggins, "employees who had previously been assigned to work on sewer system only were now being assigned to work on the clean water system." In effect, she said, those who rely on the city to provide them with clean drinking water, now run the risk of being exposed to contaminants ranging from "human feces, other human waste, hospital waste, blood borne pathogens and AIDS."

The courts were not the only place where Riggins’ voice was heard.

“The dispute went before the personnel board at city hall. The panel heard both sides and came back with a decision, overturning that firing,” Fox 5 Atlanta reported.

The city has repeatedly disagreed with her assessment of its safety protocols.

“A spokesperson for City Atlanta City Water Chief Jo Ann Macrina said there is and has never been a threat to the water from the use of equipment. There are limited occasions when a piece of sewer equipment is taken to a water project, but the spokesperson said there is disinfectant sprayed on the equipment first,” the report said.

To read more about utility workers speaking up against their employers visit Water Online’s Labor Solutions Center.